2009 PLP 688 (MLD)
GHULAM FAROOQ GABOL — Petitioner Versus GOVERNMENT OF SINDH, KARACHI through Chief Secretary and 5 others — Respondents
| Citation | 2009 PLP 688 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | GHULAM FAROOQ GABOL — Petitioner Versus GOVERNMENT OF SINDH, KARACHI through Chief Secretary and 5 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 688 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 688 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 688 (MLD) (GHULAM FAROOQ GABOL — Petitioner Versus GOVERNMENT OF SINDH, KARACHI through Chief Secretary and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ahmed Saeed for Petitioner.
- K.A. Wahab for Respondent.
Headnotes / Summary
Art.199
Constitutional petition
Granting licences to hydrants owned by the respondents
All parties agreed that municipal authorities would take expeditious measures for enforcing the relevant rules and ensuring that non potable water was not supplied under the garb of drinking water; and the relevant hygienic standards were duly maintained
High Court directed that municipal authorities would consider and decide the question of granting licences to the hydrants owned by the respondents within specified period after getting the water tested in their own Laboratory
Such test reports should indicate whether water was fit for drinking purposes or otherwise; and then a licence could be issued in accordance with rules.
Judgment & Decree
All parties agree that the K.M.C. will take expeditious measures for enforcing the relevant rules and ensuring that non-potable water is not supplied under the garb of drinking water and the relevant hygienic standards are duly maintained.
2. Director Health Services KMC has stated that so far about 114 hydrants are operating in Karachi whereas only one has been licenced for the purpose of supplying drinking water and 17 for non-drinking water. On the other hand Mr. K.A. Wahab states that his client has made an application for grant of licence duly recommended by the Deputy Commissioner, but no action has been taken on the part of KMC.
3. In the circumstances we would direct that KMC will consider and decide the question of granting licences to the hydrants owned by the respondents Nos.5 and 6 within two weeks from today after getting the water tested, in their own laboratory we well as by the Pakistan Council for Scientific and Industrial Research. Such test report should indicate whether water is fit for drinking purposes or otherwise and a licence may be issued in accordance with rules. Costs of such testing will be borne by the respondents Nos.5 and
6. It is further ordered that within one month from today KMC will invite and decide applications from all hydrants owners operating in Karachi, after carrying out similar tests and thereafter all hydrants operating without licence shall be closed down. We may, further observe that the District Administration has no function to perform in recommending licences but they are required to assist the KMC for taking coercive measures to close-down unlicenced hydrants. The Director Health Services has also undertaken that the KMC will soon arrange a meeting with representatives of tanker-owners and ensure that the rules are strictly followed so that non-deception is caused to the public by purchasing and using no drinking water for drinking purposes. The petition stands disposed of in terms of the above but the petitioner will be free to move the court again if the directions given above are not strictly complied with or the problem is not resolved. H.B.T./G-7/K Order accordingly.