HYDERABAD, April 21: The Sindh High Court, Hyderabad circuit bench, here on Monday, issued notices to Secretary Irrigation, Chairman Sindh Irrigation and Drainage Authority (SIDA), Managing Director SIDA, Director Left Bank Canal, Area Water Board, Irrigation, Executive Engineer Akram Wah for April 29 on a petition filed by a landlord of Bulri Shah Karim taluka. The Additional Advocate-General Sindh has also been put on notice.

Petitioner Shah Nawaz Memon has sought registration of a criminal case against the Managing Director SIDA, Director Left Bank Canal, Area Water Board, Irrigation, Executive Engineer Akram Wah through Chairman Enquiries and Anti-Corruption questioning as to why they failed to discharge their official duties to supply due share of water to the petitioner and his relatives.

The petitioner owns agricultural lands with his relatives in Tapo Dhandi, of taluka Bulri Shah Karim. He said that some lands owned by petitioner were settled on two different watercourses sanctioned through old Khair Wah long before construction of Kotri Barrage. He said that flow of irrigation water through Khair Wah, now called Jamari distributary, was temporarily suspended on construction of Kotri Barrage but irrigation water could not reach lands settled at old Khair Wah as acute shortage of water occurred at tails of Dhadi minor as well as Dhat minor of Gaja canal.

He said that in 1993, the then irrigation authorities acknowledged water shortage and through a summary partially revived flow of irrigation water through old Khair Wah and only for watercourses bearing Nos 21-L, 21-ALA, and 3-BL to the detriment of lands of petitioner and his relatives.

He said that concerned authorities intentionally and deliberately flouted principles of law of administration of basic rights in equal terms. He said they were illegally denied privileges which, otherwise, were available by law to persons equally placed while reviving functioning of old Khair Wah only partially.

He said that repeated representations were made to irrigation authorities for revival of old source of Khair Wah for petitioner’s lands and they failed to appreciate that different criterion adopted by them was not only discriminatory and inequitable but was also malafide and violative of Articles 4, 8 and 25 of Constitution.

He said that it was only after petitioners suffered great difficulties and damages that irrigation authorities realised the right of revival of old Khair Wah upto lands of petitioner and his relatives and issued approval order dated April 4,2007. He stated that in pursuance of said approval order, revised modular statement was also issued by the respondents.

He maintained that petitioners spent huge amounts towards construction of watercourse so revived through approval order dated April 24, flow of water to their lands took place strictly in accordance with relevant provisions of law. He claimed that respondents were illegally creating different problems for the petitioner and to his relatives so as not to have due irrigation water from said revived source of irrigation.

He prayed the court to declare that petitioner and his family members are legally entitled to continue to have irrigation water for their lands as were originally settled at old Khair Wah in accordance with command plan of old Khair Wah as per due entitlement in accordance with the provisions of articles 4, 8 and 23 of constitution.

He requested court to direct respondents to discharge their official duties properly and to make proper arrangements to ensure due share of supply of irrigation water for lands of petitioner and his relatives as already sanctioned and they may be restrained from creating any hindrance against due flow of irrigation water to petitioner’s lands. He sought registration of criminal case against Managing Director of SIDA, Director Left Bank Canal, Area Water Board, Irrigation and the Executive Engineer Akram Wah.