2015 PLP 30 (GBLR)
Suo Motu Case No. 3 of 2009
| Citation | 2015 PLP 30 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | Suo Motu Case No. 3 of 2009 |
| Primary Law | (b) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, (c) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, (a) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 |
Q1: What are the key laws and sections cited in 2015 PLP 30 (GBLR)?
This judgment primarily cites: (b) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, (c) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, (a) Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 30 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 30 (GBLR) (Suo Motu Case No. 3 of 2009). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Advocate General, Gilgit-Baltistan.
- Shaukat Ali, Senior Advocate on behalf of Pakistan Tourism Development Corporation (PTDC) Hotel, Skardu.
- Muhammad Issa, Senior Advocate for Lake View Hotel.
- II. Mr. Sher Madad Khan, Advocate General GB.
- VII. Shaukat Ali Sr. Advocate Supreme Appellate Court GB.
- -Sd- Shaukat Ali, Sr. Advocate Supreme Appellate Court GB
- -Sd- Sher Madad Khan Advocate General GB
Headnotes / Summary
Art. 61
Suo motu jurisdiction of Supreme Appellate Court
Matter relating to clean drinking water for people of Skardu city
Constitution of a Committee on the order of the Supreme Appellate Court to resolve the issue of provision of clean drinking water for the inhabitants of Skardu City
Said Committee submitted its report along with recommendations for improving quality of drinking water in the city
Supreme Appellate Court after perusing the said report directed that the main upper water supply complex on the city needed strengthening through provision of water quality testing equipment, which was to be undertaken by the works department; that the works department should ensure the operation of the water supply complex in accordance with the standard practices and the concerned Environmental Protection Agency (GBEPA) must monitor the water quality on monthly basis; that the Public Health Engineering Department, and District Administration of the city should cut the water supply lines of all vehicle service stations in the town in one month; that the District Public Health Engineering Department should install 35 more filtration plants in the city within one year and should initiate their PC-I for immediate installation; that the sites for installation should jointly be selected by a committee comprising of the District Administration, Representative of Chief Engineer of the concerned Division, and the Environmental Protection Agency; that if required, additional filtration plants should be installed in the city in the second phase to cover the requirement of the entire population of the city, and that a mechanism should be devised for proper maintenance of the filtration plants after their installation
Suo motu case was disposed off accordingly.
Art. 61
Suo motu jurisdiction of Supreme Appellate Court
Matter relating to clean drinking water for people of Skardu city
Constitution of a Committee on the order of the Supreme Appellate Court to resolve the issue of provision of clean drinking water for the inhabitants of Skardu City
Said Committee submitted its report along with recommendations on issue of quality of water at Pakistan Tourism Development Corporation (PTDC) Motel at Satpara Dam
Supreme Appellate Court after perusing the said report directed that as Pakistan Tourism Development Corporation (PTDC) had already constructed wastewater treatment system according to the approved design and arrangements had been made to uplift and re-use the partially treated water for landscaping as suggested by Environmental Protection Agency (EPA), therefore, the Motel should be made operational at the earliest with the following conditions that the Pakistan Tourism Development Corporation (PTDC), management at Satpara would be responsible to operate the system in accordance with the best environmental practices such that no sewerage shall spillover or ingress in the reservoir; that the treatment system should be operated at the levels of irrigation water standards and be used for landscaping, and that the Environmental Protection Agency (EPA) should regularly monitor the operation of the treatment system, and issue and renew the certification of Pakistan Tourism Development Corporation (PTDC) annually
Suo motu case was disposed off accordingly.
Art. 61
Suo motu jurisdiction of Supreme Appellate Court
Matter relating to clean drinking water for people of Skardu city
Constitution of a committee on the order of the Supreme Appellate Court to resolve the issue of provision of clean drinking water for the inhabitants of Skardu City
Said Committee submitted its report along with recommendations for the issue of "Upstream Satpara Dam"
Supreme Appellate Court after perusing the said report directed that the project "Satpara Dam Watershed Management" already initiated by Forest Department should be expedited and recommendation of Environmental Protection Agency must be incorporated in the said project; that the administration should establish Village Organizations in each village under the umbrella of a Non-Governmental Organization (NGO) (Satpara Development Organization) and provide resources, training, awareness and sustainability mechanism to stop people from washing clothes in the main Satpara Nullah and its tributaries; that the people should also be educated to keep away their cattle from clean drinking water sources; that the Forest Department, Works Department and Environmental Protection Agency should provide bioengineering techniques for slope stabilization and soil erosion for protection of water quality; that check dams and other infrastructure should be constructed to protect the Satpara Dam watershed, and that the Works Department should initiate feasibility study (PC-II) for establishment of mini sewerage treatment plant at Satpara village to protect water from contamination
Judgment & Decree
DR. RANA MUHAMMAD SHAMIM, C.J.
In pursuance of the order of this court dated 17.11.2015, a committee was constituted to submit its report along with recommendations to resolve the issue of provision of clean drinking water to the inhabitants of Skardu City. The said report has been submitted today which is reproduced as under:- "Report on Clean Drinking Water Supply System in Skardu Town. During the proceedings of Suo Motu Case No. SMC No.03/2009 titled "Clean Drinking Water in Skardu" on November 17th 2015 at Supreme Appellate Court Skardu Registry, the honorable court desired following officials of different departments to conduct a filed visit of the area and present a report. In compliance to the orders of this Apex Court, following official initially held a meeting in the Court premises and detailed the issues of the subject case: I. Mr. Muhammad Azam, Registrar, Supreme Appellate Court GB. II. Mr. Sher Madad Khan, Advocate General GB. III. Mr. Wazir Muhammad Tajwar, Chief Engineer, Works Department Baltistan. IV. Mr. Musa Raza, Deputy Commissioner, Skardu. V. Mr. Shahzad Hasan Shigri, Director, GB Environmental Protection Agency. VI. Mr. Abdul Rasheed Awan, Manager PTDC Baltistan Region. VII. Shaukat Ali Sr. Advocate Supreme Appellate Court GB. VIII. Mr. Johar Ali, Additional Chief Engineer, WAPDA, Skardu. During the meeting it was decided to cover the subject issue in following three scenarios:-
1. Drinking Water Quality Skardu City.
2. Satpara Dam and PTDC Motel.
3. Issues and Solutions Upstream Satpara Dam. The team first visited both water supply complexes (upper and lower), the Chief Engineer briefed the team members regarding the quality and quantity of drinking water, the treatment system and the water quality testing laboratory present at the water supply complex. The main intake system of water supply was also visited and inspected, then the team moved to main Dam area and PTDC Hotel at Dam site. The officials present at the site deliberated on the issues of PTDC and the upstream area (Satpara Village and watershed). Following recommendations were made:-
1. Drinking Water Quality Skardu City. I. The main upper water supply complex (Capacity of 2 million Gallons) need strengthening through provision of water quality testing equipment (Wagtech) to the laboratory by works department. II. The works department will ensure the operation of the water supply complex in accordance with the standard practices and GB-EPA will monitor the water quality on monthly basis and submit reports accordingly. III. PHE Skardu and District Administration Skardu shall cut the water supply lines of all vehicle service stations in Skardu Town in one month. IV. PHE District Skardu will install 35 more filtration plants in Skardu Town (initiate PC-1 for within a year) and sites will jointly be selected by a committee comprising of following: a. District Administration Skardu. b. Representative of Chief Engineer Baltistan Division. c. GB-EPA.
2. Satpara Dam and PTDC Motel.
1. According to the Orders passed by the Supreme Appellate Court on May 28th 2015, PTDC Motel management has constructed wastewater treatment system according to the approved design and arrangements were made to uplift and reuse the partially treated water for landscaping as suggested by EPA. The team has assigned the following two tasks. a. The PTDC management at Satpara will be responsible to operate the system in accordance with best environmental practices such that no sewerage shall spillover or ingress in the dam water. The treatment system shall be operated to the levels of irrigation water standards and be used for landscaping. b. EPA GB will regularly monitor the operation of the treatment system and issue and renew the certification of PTDC.
3. Issues and Solutions Upstream Satpara Dam. Satpara valley has seven villages with scattered population. People normally use the traditional soak pit type latrines (Chaksa). The scattered population and use of traditional latrines make it not feasible for establishment of an integrated wastewater treatment system. However, the team has suggested measures to control drinking water contamination upstream the dam. Forest department Skardu has initiated a development project titled "Satpara Dam Watershed Management" at cost of Rs. 50.00 millions. The project was presented in the last DDWP meeting held under the Secretary, Planning and Development Department. As member of DDWP, the director GB-EPA has suggested to link the objectives of the project with the subject case and incorporate the following. I. Establish Village Organizations in each village under an umbrella NGO) Satpara Development Organization) and provide resources, trainings, awareness and sustainability mechanism to refrain people from washing clothes in the main Satpara Nullah and its tributaries. The people will also be educated to keep away their cattle from the clean drinking water sources. II. Provide bioengineering techniques form slope stabilization and soil erosion for protection of water quality. III. Construct check dams and other infrastructure to protect the Satpara watershed. IV. Works Department will initiate feasibility study (PC-II) for establishment of mini sewerage treatment plant at Satpara Village to protect water from contamination". -Sd- Johar Ali, Additional Chief Engineer, WAPDA, Skardu -Sd- Abdul Rasheed Awan, Manager PTDC Baltistan Region -Sd- Shahzad Hassan Shigri, Director GB Environmental Protection Agency -Sd- Shaukat Ali, Sr. Advocate Supreme Appellate Court GB -Sd- Wazir Muhammad Tajwar, Chief Engineer Works Department Baltistan -Sd- Sher Madad Khan Advocate General GB -Sd- Musa Raza, Deputy Commissioner Skardu -Sd- Muhammad Azam, Registrar Supreme Appellate Court GB After going through the above report, we hold as under:
1. Drinking Water Quality Skardu City I. The main upper water supply complex (Capacity 2 million Gallons) need strengthening through provision of water quality testing equipment (Wagtech) to the laboratory to be undertaken by the works department. II. The works department should ensure the operation of the water supply complex in accordance with the standard practices and Gilgit-Baltistan Environmental Protection Agency (GBEPA) must monitor the water quality on monthly basis and submit reports to the Registrar of this Court accordingly. III. The Public Health Engineering Department, Skardu and District Administration Skardu shall cut the Water Supply Lines of all Vehicle Service Stations in Skardu Town in one month. IV. The Public Health Engineering Department District Skardu should install 35 more Filtration Plants in Skardu Town and should initiate PC-I for immediate installation of Filtration Plants and installation of 35 Plants should be completed within one year. We direct that the sites should jointly be selected by a committee comprising of following; a. District Administration Skardu. b. Representative of Chief Engineer Baltistan Division. c. GB-Environmental Protection Agency. V. If required, additional Filtration Plants should be installed in the City in the second phase to cover the requirement of the entire population of Skardu. VI. A mechanism may be devised wherein a proper maintenance of these Filtration Plants should be ensured after their installation. Unlike Gilgit where reportedly after installation of filtration plants proper maintenance has not been carried out by the concerned authorities.
2. Pakistan Tourism Development Corporation (PTDC) Motel at Satpara Dam. I. As Pakistan Tourism Development Corporation (PTDC) has already constructed wastewater treatment system according to the approved design and arrangements have been made to uplift and re-use the partially treated water for landscaping as suggested by Environmental Protection Agency (EPA). We, therefore, direct Pakistan Tourism Development Corporation (PTDC) Motel should be made operational at the earliest with the following condition: a. The Pakistan Tourism Development Corporation (PTDC), management at Satpara will be responsible to operate the system in accordance with best environmental practices such that no sewerage shall spillover or ingress in the reservoir. The treatment system should be operated to the levels of irrigation water standards and be used for landscaping. b. Environmental Protection Agency (EPA) Gilgit-Baltistan is directed to regularly monitor the operation of the treatment system, issue and renew the certification of Pakistan Tourism Development Corporation (PTDC) annually.
3. Issues and Solutions of Upstream Satpara Dam As Satpara valley has seven villages with scattered population and people are normally using the traditional soak pit type latrines (Chaksa). The scattered population and use of traditional latrines make it not feasible for establishment of an integrated wastewater treatment system. We, therefore, hold that the following measures should be adopted to control drinking water contamination upstream the dam. a. The project already initiated by Forest Department Titled "Satpara Dam Watershed Management" and is under consideration of DDWP should be expedited and recommendation of Environmental Protection Agency must be incorporated in this project. b. The Administration should establish Village Organizations in each village under an umbrella of Non Governmental Organization (NGO) (Satpara Development Organization) and provide resources, trainings, awareness and sustainability mechanism to refrain people from washing clothes in the main Satpara Nullah and its tributaries. The people should also be educated to keep away their cattle from the clean drinking water sources. c. The Forest Department, Works Department and Environmental Protection Agency should provide bioengineering techniques for slope stabilization and soil erosion for protection of water quality. d. Check dams and other infrastructure should be constructed to protect the Satpara Dam watershed. e. Works Department should initiate feasibility study (PC-II) for establishment of mini sewerage treatment plant at Satpara Village to protect water from contamination. The directions given hereinabove on the recommendations of the learned committee be implemented and completed expeditiously within a period of one year positively. The monthly progress report be submitted by the District Administration, Skardu to the learned Registrar of this Court without fail. The copies of this order be sent to all members of the learned committee for information and compliance. This Suo Motu case is disposed off in above terms. MWA/161/GB Order accordingly.