ORDER SHEET

C.P.No.D-1542 of 2015

Present:

Mr. Justice Aqeel Ahmed Abbasi &

Mr. Justice Ghulam Qadir Leghari .

Date of hearing: 04.11.2015

Mr. Mujeebur Rahman Soomro Advocate for petitioners.

Mr. Shaharyar Imdad Awan, Assistant Advocate General along with Muhammad Muneer Abbasi, XEN, Highways & Rafique Memon, AEN.

O R D E R

AQEEL AHMED ABBASI, J. Through instant petition, the petitioners have raised an objection on the construction of pre-stressed bridge over the Indus River from village Garhi Qadir Bux to Garno Pattan, on the allegations that the said bridge is being constructed by changing its original location, on current location on political considerations, whereas, according to petitioners, it was to be constructed at Januji lake; following relief has been sought:

A) That this Hon'ble Court may be pleased to direct the official respondents Nos.2 to 5 to act in accordance with law and construct pre-stressed bridge over the Indus River as per approved/sanctioned plan approved by the Government of Sindh.

B) That this Hon'ble Court may be pleased to direct the respondent No.5 not to raise further construction at changed approved/sanctioned plan of pre-stressed bridge over Indus River from village Garhi Qadir Bux to Garno Pattan on the interference of political persons.

C) That the change of location of pre-stressed bridge from village Garhi Qadir Bux to Garno Pattan is against the approval/sanctioned plan and the same change of location made by the official respondents is liable to be cancelled, any construction work raised on changed sanctioned plan is illegal and unlawful, the same construction work may be stopped by the order of this Hon'ble Court.

2. Learned counsel for the petitioners has contended that Government of Sindh announced scheme for construction of pre-stressed bridge over the Indus River for the Katcha area from village Garhi Qadir Bux towards Raza Goth in UC Nouraja, Taluka Pano Akil, District Sukkur, and the same scheme was approved by way of inauguration ceremony held on 31.03.2015. However, per learned counsel, instead of constructing the bridge as per approved scheme and location, such bridge is being constructed over Garno Pattan on political considerations and to benefit the political allies of the ruling party. It has been prayed that respondents may be directed to stop the construction work of the said bridge and to reconstruct such bridge at the previous place as per approved plan and sanctioned scheme.

3. Pursuant to Court notice, comments have been filed on behalf of respondents Nos.2 to 4, wherein, the allegations as contained in the instant petition have been denied being false and frivolous, whereas, it has been stated that the subject bridge is being constructed as per approved scheme by following all the codel formalities for the use and convenience of large number of residents of the area as well as the people of surrounding vicinity. The learned Assistant Advocate General representing the official respondents has categorically stated that the allegations regarding some alleged approved scheme and construction of pre-stressed bridge over Indus River from village Garhi Qadir Bux to Raza Goth besides being patently false and baseless, is also based on mala fides on the part of petitioner No.1. It has been further contended by learned Assistant Advocate General that the petitioner Muhammad Murad is in the habit of filing false and frivolous complaints, applications and petitions in respect of development works in the area in order to blackmail and harass the official respondents for ulterior motives at the instance of rival political pressure groups. According to learned AAG, the construction work of pre-stressed bridge over Indus River at the site Garno Pattan is being carried out as per approved plan and sanctioned scheme by the Technical Committee constituted for such purpose, whereas, substantial construction work has already been completed. Per learned AAG, the respondents intend to construct the said bridge strictly in accordance with law and as per approved plan within the stipulated period, which will not only benefit the large number of people of the area, but also the residents of adjoining areas as well, whereas, the petitioners have no cause of action or legal character to file instant petition with an attempt to get the development work of the area stopped, or to create hindrances in this regard. It has been prayed that instant petition being misconceived in facts and law is liable to be dismissed with costs.

4. We have heard learned counsel for the parties, perused the record and the material placed before us in this regard. From perusal of contents of instant petition and the record, it appears that nothing has been produced by the petitioners in support of their allegations that the construction of pre-stressed bridge on Indus River was approved at the site of village Garhi Qadir Bux, nor any document has been placed on record to suggest that the sanctioned plan approved by the Government of Sindh for construction of pre-stressed bridge over Indus River has been changed by the respondents on political consideration, as alleged by the petitioners. On the contrary, from perusal of documents placed on record by the respondents, it appears that the construction of pre-stressed bridge on Indus River at Garno Pattan is being raised as per sanctioned scheme and the approved plan, whereas, the allegation of change of site is not supported by any document or material.

5. On 04.05.2015 a division bench of this Court appointed Mr. Abdul Rahim Memon, Reader to this Court, as Commissioner to inspect the site by associating all the concerned parties and take photographs of the area and to furnish his report. The Commissioner so appointed has submitted his detailed report dated 21.05.2015. It will be advantageous to reproduce the report of the Commissioner as under for the sake of verification of the fact regarding place and the status of construction of subject bridge over River Indus:

6. “SITE INSPECTION REPORT.

Pursuant to Hon'ble Court’s order dated 04.05.2015, the undersigned along with petitioner reached at the site at Garno Pattan inside the protection embankment of katcha area at 04-30 pm in the north of village Abdullah Shah. Village Abdullah Shah is situated about 1.5 km from protection embankment and from village Abdullah Shah Garno Pattan is at 01 km in the north as measured on milometer of car. From Government officials Mr. Rafique Ahmed Shaikh, the Assistant Engineer of Department reached in the moment along with his subordinate staff. Here 200/250 people of the surrounding villages were already present, making demand that pre-stressed bridge be constructed at the place where it is already under-construction. The contractor of scheme namely Abdul Razzaq @ Raja Shaikh was also present. The report is submitted as under:

1. That at the site (Garno Pattan) a pre-stressed bridge was under-construction with heavy machinery and labour. The contractor present there informed that the work on this scheme has been started about 20/22 ago. The machinery available at the site contains, 01) Rotary drilling machine, 02) Tractor with water tank, 03) Crane Machine, 04) Mixture machine and two boats.

2. That the work yet done at the site is as follow:

a) 12 concrete pillars with iron structure lowered in earth up to surface level.

b) Construction of 01 test pillar.

c) Iron structure/shuttering for bridge.

d) Four cemented slabs for shuttering.

e) From the raw material, 100s of cemented bags, heaps of hilly sand and gravel were unloaded at the site. Kindly refer to photographs “A to A/8”.

3. That at the site an inauguration stone was fixed at the site by the Works and Services Department. Kindly refer to photographs “B”.

4. That the petitioner available at the site stated that pre-stressed bridge was actually approved to be constructed at Januji lake instead of Garno Pattan and due to political interference the site has been changed. In this regard, he was asked to produce any such documentary proof showing the approval regarding construction of pre-stressed bridge at Januji lake instead of Garno Pattan but he failed to submit anything in support of his contention, merely he was emphasizing that as per verbatim written on the stone laid down at site shows his right. He further submitted that Lal Khan, Nazim of UC Nauraja had promised with him that pre-stressed bridge will be constructed at Januji lake.

5. That after visiting the site we reached at zero mile Baiji protection embankment in the north of Garno Pattan at distance of 03 km to see the location of Januji lake and marked that in the eastern side from zero mile protection embankment (Police Post Garhi Damdamo) the village of petitioner is situated at the distance of 01 km in pakka area consisting about 25 to 30 katcha pakka houses. From western side of zero mile protection embankment Januji lake is seen at 1.5 km in katcha area as such the distance between village of petitioner and Januji lake is about 2.50 km. Kindly refer to photographs “C to C/4”.

6. That reaching Januji lake, the undersigned noticed that the width thereof is wider than the width of Garno Pattan lake and the number of people assembled at zero mile protection embankment in favour of petitioner was not so large as available at Garno Pattan, as well as surrounding area of Januji lake where petitioner is demanding the construction of unapproved pre-stressed bridge, is not so busy area, comparing to Garno Pattan as observed.

7. That on query regarding shifting of scheme of construction of pre-stressed bridge from Januji lake to Garno Pattan lake, as alleged by the petitioner, Mr. Rafique Ahmed Shaikh, Assistant Engineer, replied that the said scheme was not at all approved for Januji lake and he stated that the petitioner is misguiding and misstating the undersigned even the Hon'ble Court because there is no proof with him in this connection. The 100s of people assembled at Garno Pattan where pre-stressed bridge is under-construction supported the version of Assistant Engineer particularly two notables namely Ameer Bux Mahar, the brother of UC Nazim Nauraja and Abdul Hafeez Mahar stated that the petitioner is accustomed of making frivolous complaints and of hindering the smooth working of Government Departments at the instance of local politicians for the reasons best known to him. He is infamous person of the area due to ill-reputation, they further added.

8. The Assistant Engineer further pointed out that recently 03 schemes for construction of pre-stressed bridges and 08 schemes for construction of roads are launched inside the protection embankment for katcha area under IRC (Indus River Commission) and by-laws thereof are exclusively applicable whereas, outside the protection embankment Sindh Government Rules are applicable. He further stated that since the petitioner is the resident of pakka area at the distance of about 01 km away from protection embankment, hence he has no relevance to complain in any manner against scheme in question.

9. The Assistant Engineer further added that the construction of pre-stressed bridge at Garno Pattan is recommended by M/s A.A Associates/Designers the Departmental Consultant on satellite system, being economical, durable and facilitating the people of local katcha area which is more suitable place in comparison to the Januji lake.”

7. It will be equally relevant to refer to the comments filed on behalf of respondents Nos.2 to 4 i.e. Superintending Engineer (Works and Services Department, Sukkur), Executive Engineer and Assistant Executive Engineer of Highways Division, Sukkur, wherein it has been categorically stated that the allegation of changing the original plan for construction of pre-stressed bridge is totally false and frivolous, whereas, according to respondents, as per the feasibility report prepared by the technical experts and the approved sit plan by the consultants, the aforesaid bridge was to be constructed at the same place Garno Pattan, where it is being constructed, and not from village Garhi Qadir Bux, as alleged by the petitioner. It has been further stated that even the site, upon which the aforesaid bridge along with other two bridges, was approved by the consultants after conducting soil test, whereafter, final destinations were marked physically at site, including first bridge leading from Soomra Panhwari village Pattan, second bridge leading from Saad/Sangi Pattan and the third bridge leading from Garno Pattan near Abdullah Shah Goth. Copy of site plan/location plan, feasibility report and administrative approval regarding construction of aforesaid pre-stressed bridge, have also been annexed along with comments, which support the contention of the respondents.

8. In view of hereinabove facts and circumstances of the case, the comments filed on behalf of official respondents along with necessary documents relating to construction of aforesaid pre-stressed bridge at Garno Pattan, and the inspection report furnished by the Commissioner appointed by this Court, it has emerged that no violation whatsoever in construction of aforesaid bridge has been pointed out by the petitioner, whereas, no material has been placed on record to support the allegation regarding change of site plan. Moreover, public work is being carried on to facilitate large number of residents of the area, who shall all utilize such bridges, to be constructed over Indus River, without any discrimination. We are not inclined to interfere in the process of development work for the public at large, merely, on the basis of false and frivolous allegations which are not even supported by any material.

9. Accordingly, we do not find any substance in the instant petition, which appears to be motivated, whereas, no material whatsoever has been placed on record to support the allegations as contained in the instant petition. Instant petition was dismissed by short order dated 04.11.2015 and above are the reasons of such short order.

It is expected that respondents shall ensure that the aforesaid work shall be completed within the stipulated period without any unnecessary delay in this regard.

JUDGE

N.M.