IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with
signature of Judge
Dated: 11.04.2012
Mr. Mohammad Anwar Tariq for the petitioner.
Mr. Abrar Hassan and Mr. Tasawwar Hussain for KW&SB along with Mr. Misbah Uddin Farid, MD KW&SB.
Mr. Miran Muhammad Shah, Addl. A.G.
-.-.-
The petitioner through the instant petition has sought the following relief:-
“To direct the respondent to forthwith restore the connection of water at “Cattle Colony Hydrant” under the control and supervision of the petitioner and pass all other orders necessary/incidental to the smooth operation of such service of water supply at the above said hydrant subject to payment the regular monthly bills as and when accrued against the petitioner regarding supply of water by the respondents.”
The learned counsel for the petitioner submits that earlier also, though the petitioner’s bid for the use of the hydrant was declared to be the lowest, however, work order was not issued, the petitioner was constrained to file C.P. No.D-2886 of 2010 which was, on 27.04.2011, disposed of by a consent order in the following terms:-
“The respondent No.1 shall forthwith issue a work order to the petitioner for the water supply from Cattle Colony Hydrant on the terms and conditions as offered by respondent No.1 and at the rate as offered by the petition; such work order shall be for the period upto 31.7.2011 only. The petitioner shall continue to pay the filling charges to the respondent No.1 by the end of each calendar month for such month. Parties shall reconcile their accounts and in case any amount is due and payable towards each other or by one to the other the same shall be settled within two weeks from today. It is clarified that the above arrangement is for a period upto 31.7.2011 only and the petitioner shall thereafter not be entitled to use the hydrant.”
However, since on the one hand amounts were being charged by the KW&SB from the petitioner for the water obtained from the Hydrant and on the other the petitioner’s money lying with the KW&SB was not being adjusted or reimbursed, the petitioner therefore filed an application in the aforesaid petition. In response thereto KW&SB filed its counter-affidavit (Page 43 of the present file) wherein they submitted that owing to paucity of funds they are unable to repay the petitioner’s money lying with them and also to certain other contractors whose names are mentioned in the counter-affidavit and therefore the petitioner and such other contractors may be allowed to continue till 31.07.2011 up to which period the amount is repaid. The total amount due to the petitioner and other such contractors, according to the KW&SB comes to Rs.9,77,73,332/-.
Mr. Abrar Hassan, learned counsel for KW&SB, submits that it is on account of paucity of funds that the KW&SB has not been able to repay to the petitioner and other such contractors the amount due to them. He submits that such amount could not be paid for the reason that the KW&SB, at the request of the Government of Sindh, had for a long period supplied water to the people who were displaced from the interior of Sindh because of flood disaster. He submits that the matter of payment of dues is pending with the Sindh Government and so soon KW&SB receives the amount from Sindh Government it shall clear the dues of the petitioner and so also of all other contractors.
Mr. Muhammad Anwar Tariq, learned counsel for the petitioner, submits that in the above circumstances there is no justification for disallowing the petitioner to use the Hydrant as the other contractors, as named in the KW&SB’s aforementioned counter-affidavit, are being allowed to continue to use their respective hydrants, though the petitioner also stands on the same footing.
We would, in the circumstances, direct the Sindh Government, particularly its Finance Department to expedite the payment KW&SB’s dues so that it may clear the dues of the petitioner and other such contractors. Such be done within a period of one month. Learned Addl. A.G. requests that the Managing Director KW&SB be directed to furnish to him the details of the outstanding dues against Sindh Government so that the same may be paid within the above prescribed time. Although we have in another petition ordered dismantling of all illegal hydrants and have also ordered KW&SB to justify their maintaining and operating other hydrants, however, in the circumstances of this case, we would with a heavy heart direct the KW&SB to let the petitioner use the subject hydrant in accordance with law till such time his outstanding dues are paid by the KW&SB. We may once again reiterate our direction to the Sindh Government to make payment at the earliest so that the menace of hydrants may be eliminated or at least reduced as far and as early as possible.
Judge