HYDERABAD: A division bench of Sindh High Court (SHC) on Wednesday asked the counsel for the Engro Coal Mining Company to file a proper counter-affidavit along with all documents and records relating to a petition challenging construction of a reservoir for storage of subsoil water — extracted during mining in Thar Coal project — in Tharparkar by Aug 2.

The bench comprising Justice Munir Akhtar and Justice Mohammad Saleem Jessar said advance copies of the counter-affidavit should be given to petitioners’ counsel and the additional advocate general (AAG).

It issued notices to the Thar Coal Energy Board and Thar Coal Authority after Sindh AAG Allah Bachayo Soomro stated that those respondents were not served notices and that’s why none was present in the court on Wednesday. He said they should be directly served on them.

The court passed the order on the constitutional petition jointly filed by one Mr Lakho and 10 other residents of Islamkot, Mithi district. They are represented by Ayatullah Khawaja advocate.

Mehar Kazi, counsel for respondent Sindh Engro Coal Mining Company, submitted before the court that an Environmental Impact Assessment (EIA) had been conducted regarding the project, yet the company was blamed for contravening environmental laws, which was untrue.

Mr Khawaja contended that the respondent company was building a reservoir to store saline water to be extracted during mining in Islamkot area and that would be built on petitioners’ land stretched over 2,700 acres. On a court query, he pointed out that it was a dam for storage of saline water and it was admitted by the company itself.

Justice Akhtar told Mr Khajawa that he had not mentioned particulars of the dam in the petition for understanding of the court as to wherefrom water would be extracted and where it would be stored. The counsel was also told that he had not given details of the dam/reservoir.

Mr Kazi said it was a dam as mentioned by the petitioners and that his client had got lease of Block-II of Thar Coal Project. He said the subsoil water, extracted during mining, would be stored in this reservoir for the EIA was done and it had already been brought on court’s record along with an approval letter.

Justice Akhtar asked him to show that this aspect (of reservoir and subsoil water) was addressed in the EIA so that the court could understand it. The bench was informed that points VIII and IX were there in the EIA’s report which dealt with the issue of environmental nature.

The AAG opposed the petition, saying that it was not maintainable. He said he had submitted comments of official respondents, including the deputy commissioner of Tharparkar. He sought time to file comments of some respondents. He said he would also file a reply on the petition, but his objection was there.

Mr Kazi said the counter affidavit had been drafted in detail, but it could not be submitted earlier for lack of time. The court in its order directed the company’s counsel to submit a proper counter affidavit along with documents with advance copies to AAG Sindh and petitioner’s counsel by Aug 2. The counsel undertook to submit it.

The petitioners, in their petition, prayed to the court to declare respondents’ act of constructing dam over petitioners’ land illegal and against natural justice. They said the court should hold that such dam would be hazardous for eco system and environment. They also pleaded to the court to restrain respondents from harassing the petitioners.

Published in Dawn, July 14th, 2016