HYDERABAD: The Hyderabad cir­cuit bench of the Sindh High Court disposed of 165 petitions filed by farmers, directing them to first exha­ust the remedies provided under Irri­gation Act for seeking their due share in water before moving high court.

A division bench comprising Jus­tices Adnan-ul-Karim Memon and Nadeem Akhtar passed a 15-page order to dispose of the petitions filed between 2017 and 2019.

The petitioners who owned land in Hyderabad, Shaheed Benazirabad and Mirpurkhas divisions wanted the court to intervene and ensure they received the water share they were entitled to under the law.

The order said that it appeared the issue had already been decided by Supreme Court in the Action against giving of outlets from Naseer Branch, Rohri Canal, by Chief Minister Sindh case dated 2014. This court had through its April 18, 2019 judgment directed the irrigation department to ensure supply of water to growers as per their share.

The court directs them to first exhaust the remedies provided under law

Justice Memon, who authored the order, said the SC’s orders resolved the issue which was the subject mat­ter of the present petitions. According to him, the petitioners’ counsel cited Sindh Irrigation Act and said sanc­tioned watercourses were personal properties of individual landowners, who had built and maintained them out of their own resources.

“But it does not confer any authority upon (such) khatedars to utilise more than sanctioned share in water as per prescribed list,” and moreover, “such right will not mean depriving other khatedars even at tail-end of their due share in water,” said the order.

It said that court believed the issue was distribution of water among genuine khatedars in accordance with the law in an equitable manner and without discrimination, which was sole responsibility of the irrigation department.

“In view of the main grievance of petitioners we hope irrigation department shall ensure supply of water to every khatedar and shall take action forthwith according to law against those who violated or violate law by tampering with sanctioned modules or creating obstruction in water supply to other khatedars,” said the order.

It said that the act provided com­plete mechanism for equitable distri­bution of water amongst khatedars and remedies for redressal of water-related grievances. Allega­tions had been levelled against the irrigation department in the petitions regarding unfair distribution or stoppage of water supply at the instigation of influential and private parties, illegal change and cancellation of water­course or refusal to change water­course, it said.

According to the petitioners, they were constrained to file petitions as the officers concerned had failed to discharge their functions according to law.

“However, in all cases a person has to first avail the remedy provided to him by the relevant law before approaching this court,” it said.

It directed the irrigation depart­ment to ensure supply of water to lands of petitioners and address the grievances, if any, within 30 days strictly as per law after providing hearing to all concerned.

The court issued notices to chief secretary and secretary of irrigation to ensure compliance with its directions in letter and spirit and then disposed of all the petitions.

Published in Dawn, January 10th, 2020