2008 PLP 1440 (CLC)

The instant petition has impugned the action of the respondent for collecting the conservancy charges. It is contended by the learned counsel that no sewerage line is provided and the petitioners are compelled to pay conservancy charges. Learned counsel has drawn our attention towards the judgment recorded in C.P. No.D-730 of 1991 of All Pakistan Textile Mills Association v. Province of Sindh, through the Secretary, Local Government and others.

2. The respondent No.2 has disputed the allegations made in the petition that no connection of the sewerage liquid waste drain suit. In the counter-affidavit filed on behalf of the respondent No.2 K.W.S.B. in para. No.2 while denying the allegations made in the petition it is stated that "the services are being utilized for disposal of their liquid waste through water drain and solid waste by defunct K.M.C. (C.D.G.K.). The liquid wastes of the petitioner are being discharged through storm water drain (Nala)".

3. Rejoinder was filed by the petitioner in reply to the c intents of para. No.2, referred to above it was stated that the sewerage Nala in which the petitioner discharged their liquid waste belongs to P.A.F. Masroor". It was denied that any facility is being provided to the petitioner consequently they are not entitled to recover any charges.

4. Nazir has also carried out inspection as directed by the Court on 18-5-2006. The relevant portion is as under: "(3) The drain in question was inspected with learned counsel for petitioner and Aslam Shad, Chief Security Officer of the petitioner mill. In fact the effluent of the petitioner mill is being discharged through small own drain made by the petitioner into main open drain width of which is about 20 feet flowing from P.A.F. Base Masroor towards the sea. However, after some distance the drain in question has been closed and the said water is being discharged through a cemented pipe of about two feet diameter. This drain is man-made and not a natural. This drain does fall into the seat. It is true that no liquid waster is being discharged, because the petitioner has own treatment plant, but coloured and dirty water are being discharged from the petitioner-mill. As stated by the Chief Security Officer that about 3000 to 3500 labours work at a time in the petitioner-mill. (4) From the condition of the drain in question it appears that the same is not being maintained. As none present on behalf of the respondents at the time of inspection it could not be ascertained that who is responsible for clearing and maintaining the drain in question and who has made the drain in question. Photographs of the drain are taken, which are annexed with this report for kind perusal of this Honourable Court."

5. When Mr. Mushtaq, learned counsel for the petitioner, was confronted as to whether the petitioner is paying any conservancy charges to P.A.F. Masroor, he concedes that none are being paid. It may be observed that civic agencies like K.W.S.B., (C.D.G.K.) maintain civil facilities out of fund generated against such services. Unless people come forward to discharge their civic responsibilities and pay amount due against service provided howsoever meagre it may be. It would not be possible for the civic agencies to carry out development and maintenance work. Mushtaq contends that drain connecting the main Nala was constructed by the petitioner. Fact remains that public drain is being used to discharge industrial waste in sea through public Nala. The only grievance that could be entertained is non-maintenance of the drain as reported by the Nazir in his report. As observed above unless the civic responsibility is shared by the person for whose benefit drains or other facilities are developed by the civic agencies, it will not be possible for them to develop and maintain such facilities. Since the drain admittedly is being used by the petitioner we do not consider the grievance alleged in the petition worthy of consideration.

6. Under the given circumstances of the case respondents are directed to ensure that the drain as noted by the Nazir is properly maintained and the report of such maintenance be filed in Court through M.I.T. for information within four weeks. Petition in terms of the above is disposed of. H.B.T./R-24/K Order accordingly.