2011 PLP 73 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, CJ.

It is a Suo Motu Case which has been initiated on the report of Fazal Hussain Jamali, Advocate of Sindh High Court. Para Nos. 5 and 6 along with a prayer are reproduced herein below:- "

05. That Manchar Lake admeasuring about 267 Square Kilometers off and the great lake of sweet water in the Asia. The lacs of people who were earning their livelihood from the above lake since centuries as the same is a natural lake and the British government had constructed one Nara Valley drain to supply the fresh and sweet water to Mancher for the improvement of fish etc., and to supply the water to Kotri Barrage in Winter season due to shortage of water in Indus River and more than one lac acres were being irrigated from the said lake inside the lake and outside the lake and fish of this lake was being supplied to the entire Pakistan through three Railways stations viz: Sehwan Sharif, Boobak and Bhan Sayedabad.

06. That the water contamination in Mancher Lake had affected the lives of fishermen and most of them had moved to other places of Pakistan and the remaining came out from the lake and are residing on flood protective Bands and are involved in badly serious diseases of hepatitis B and C and they are bringing drinking water from other cities but the Government completely failed to protect the Manchher, lives of the fishermen, beauty of the lake and the lands to the abadgars."

2. Prima facie, the case was considered for enforcement of fundamental rights of considerable number of persons which statedly run into thousands, who being fishermen were living in and around Mancher lake and their lives were threatened on account of contamination of water in Mancher Lake and due to which they were also deprived of their livelihood, therefore, Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973 is attracted, implication of which has already been examined by this Court in Shehla Zia and others v. WAPDA (PLD 1994 SC 693) relevant para therefrom is reproduced hereinbelow:-- "Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with law. The word `life' is very significant as it covers all facts of human existence. The word 'life' has not been defined in the Constitution but it does not mean nor can it be restricted only to the vegetative or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. ???????????

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3. With reference to the case in hand water contamination has caused hazards in the lives of the thousands of the people. Admittedly no effective steps to provide security to the life and their property were being taken as it is evident from contents of the application noted hereinabove. Accordingly notices were issued to the concerned authorities and the Chief Secretary, Government of Sindh and the Chairman Water & Power Development Authority (WAPDA) were required to visit Mancher lake. Accordingly, they have submitted a joint report along with proposed solutions. Background of the Mancher lake as it has been explained in the report is as follows:-- "Background of Mancher Lake: Manchar lake is a large shallow natural depression comprising of an area of about 100 sq miles (64,000 acres) having design capacity of 0.75 MAF located at 10 Km in West of Sehwan Town, District Jamshoro Province of Sindh. It is restricted at higher levels on one side by protective bunds (constructed in 1932) and on the other three sides by hills. Manchar Lake plays an important role .in a number of economic activities in the area, provides livelihood for the people including a large number of fishermen and other inhabitants inside and outside the lake. Sources or Inflows Mancher Lake receives water from the following main sources: (i) Flows from Hill torrents (Khirthar Range) The Hill torrents contribute fresh water to the Lake about 0.107 MAF per annum but in dry years this contribution is insignificant. (ii) Flows from River Indus. Mancher Lake is linked with River Indus by means of two existing channels namely Aral Wah and Aral Laki having nominal capacity of 4370 cusec and 7984 cusec respectively. These link channels flow both sides to serve duel purpose i.e. to fill Mancher Lake during floods in River Indus and to drain out the lake when it rises more than its conservation level. Another source of fresh water feeding Mancher Lake through MNVD is the canal escapes which are provided for the canal safety. These escapes are Rawat (500 cusec capacity) located on Rice Canal, Prichard (696 cusec capacity) on Dadu Canal. These escapes outfalls into Main Nara Valley Drain (MNVD) which outfalls into Manchar Lake. These escapes have been mostly silted and are non-functional. (iii) Drainage effluent from various Surface Drainage Projects on the right bank of Indus River in Sindh Province, through MNVD (Main Nara Valley Drain) Main Nara Valley Drain (MNVD) extends from Hamal Lake and outfalls into Manchar Lake. It carries drainage effluent from Hamal lake, North Dadu Drainage Project and Canal Escape flows. The average annual inflow from MNVD is estimated as 0.025 MAF."

4. Similarly, causes of the contamination of the Mancher Lake have also been noticed in the report which are as under:-- (a)? Reduced inflows from River Indus from Aral Wah and Aral Laki. (b)? Drainage effluent from MNVD. (c)? Increase in use of hill torrent water by the local people depriving Manchar Lake of sufficient water. (d)? Use of Toxic/Hazardous chemicals by the Fishermen for catching of fish. (e)? Non-replenishment of Manchar Lake water on regular basis. (f)?? Siltation of Escape Channels and Main Canals (Rice and Dadu). (g)? Dry spell period from 1996-2009.

5. This report, however, indicates that during the high flood of 2010 and following the breach of Tori Bund a huge quantity of flood water entered into Mancher Lake and raised water level up to 122 RL which caused many breaches at various locations of Mancher lake containing Bund (MC Bund) and flooded the adjoining area. Now the lake is completely replenished and the local fishermen say that for one and half year the quality of lake water would remain unaffected. In the report, following solutions have also been suggested:-- "Proposed Solutions: Water is a precious resource and micro-management of water is a top priority of the government. Manchar was once Asia's largest fresh water lake that must be restored in its original form in order to supply water for both drinking and agricultural purposes. In line with this thinking, it is important to modify the earlier approach of diverting effluent rich water to the sea and instead utilize the same water for drinking and agricultural purposes by treating it. This proposal, in fact, is in conformity with the present policy of the Government. Also the solutions are of multifarious nature and thus discussed under-three?separate heads: (A) Treatment and reuse of water: The contaminated water coming down the MNV can be treated 'before it enters the lake by installing treatment plants at various locations by using the appropriate technology. Towards this end, Sindh Government and WAPDA will jointly organize a workshop to determine the most appropriate technology and also decide upon the location for the plant/ plants. Although, WAPDA authorities have already submitted a PC-I for installation of a water treatment plant at the MNVD, it was decided to bolster the plan and expand the treatment base and maximum capacities. The Government of Sindh and WAPDA authorities are both determined to install treatment plants for transmitting cleansed water to the lake through the MNVD. The identification of appropriate technology and the work of setting of the plant/plants would be done on a fast track basis and progress would be monitored personally by the Chief Secretary Sindh and Chairman WAPDA. (B) RBOD-II RBOD-II is designed as a carrier drain to carry all effluent from RBOD I & III down to the sea instead of discharging the contaminated water into the lake. However, since water treatment is now an option and a policy matter, and since the RBOD-II drain has sustained major damages on account of the floods; it was decided to reevaluate the project and make a final decision in the light of the development in exercise of option-A. (C) Supply of fresh water from Indus River: For this purpose, rehabilitation/remodeling of Aral head and Tail channels including Regulations to be undertaken on urgent basis for providing supplies from. River Indus during high floods. Irrigation Department would take all the necessary steps to ensure the supply of fresh water to the lake from various locations on a regular basis."

6. Mr. K.K. Agha, learned Additional Attorney-General and Mr. Shakil Durani, Chairman WAPDA have appeared and stated that in pursuance of the report submitted by the latter and the Chief Secretary Government of Sindh, short-term and long-term measures are required to be adopted. As far as the treatment plant of water is concerned it is likely to be installed within 18 months as preliminary homework is said to have already been completed and the there is every likelihood of getting the funds as reflected in the current Public Sector Development Programme (PSDP). As far as long-term plan regarding the construction of RBOD-II is concerned, a considerable work has also been completed.

7. At this stage Mr. Aslam Ansari, S.E.R.B.O.D. has stated that 85% excavation work has been completed as far as 15% is concerned, it has also to be achieved and now subject to availability of the funds the project shall be completed. Mr. Shakil Durrani, Chairman WAPDA states that serious efforts are being made by the Provincial and Federal Governments to ensure the completion of projects because of the importance of the Mancher Lake as well as to provide security to the life and property of the inhabitants living there for the last many years and earning their livelihood. On our query he states that the Mancher Lake is also source of income for fishermen.

8. From perusal of report and the submissions made by the Chairman, WAPDA it seems that serious steps have already been initiated and it is now being realized that fundamental rights of the inhabitants are to be protected for which the Constitution has provided guarantee as it has been explained in the judgment relied upon hereinabove. Therefore, we are of the considered opinion that as now concerned authorities have initiated appropriate actions, no further proceedings are called for except to observe that the Chairman WAPDA and the Chief Secretary, Government of Sindh shall be submitting joint report about the progress in the matter on quarterly basis to the Registrar of this Court for our perusal in Chambers, and if need be, for passing appropriate order at later stage.

9. The Suo Motu Case No. 10 of 2010 is disposed of in above terms. M.H./S-39/SC???????????????????????????????????????????????????????????????????????????????????? Order accordingly.