HYDERABAD: A division bench of Sindh High Court, Hyderabad circuit, comprising Justice Mohammad Shafi Siddiqui and Justice Arshad Hussain Khan has reserved its order on two identical petitions against extraction of stones from Karoonjhar Hills in the Nagarparkar area.
The bench heard Advocate Ahmed Chandio, who submitted his written statement in connection with a 2021 case on the same issue filed by Munawwar Sagar, Teerath Kumar Jhangi and Allah Rakhio in which he along with Ishrat Lohar was appointed amicus curiae.
He referred to various laws and the criteria for declaring any site or place a ‘heritage’ and deserved to be put on the World Heritage list due to its outstanding universal value.
He mentioned the procedure adopted by the provincial department concerned for granting licence or inviting applications for granite excavation from Karoonjhar Hills. He said the procedure was apparently not transparent. He said that it was an example of sheer violation of all relevant rules, laws and international agreements as well as court decisions.
He stated that while considering the very important aspect — climate change and rights of future generations of the particular area (Nagarparkar) and the county — it required an appropriate order.
He said that the authorities concerned may be directed to speed up the process regarding proposal for notifying Karoonjhar Hills as ‘Karoonjhar National Park” and till then no leases/licences should be issued for mining.
He pointed out that the Sindh Environmental Protection Act was not followed which required Environmental Impact Assessment (EIA) of projects, adding that application of this law was mandatory as per the SHC order passed by its Sukkur bench. The Sindh Cultural Heritage (Preservation) Act, 1994 requires preservation and protection of ancient places and objects; and Karoonjhar falls in this category, according to him.
He said that the Ancient Monument Preservation Act, 1904 also covered Karoonjhar Hills, and added that there were several other places of historical background like Bhodesar
Talao, Alakh Wao, Anclechure, Sardaro and Gao Mukhi.
He noted that in a 1980 report, the secretary forest and wildlife had declared Karoonjhar a wildlife sanctuary under the Sindh Wildlife Protection Ordinance, 1972 but even after issuance of restraining orders by court, the mines and minerals department continued to allow harm to the national assets.
Zahir Minhas, counsel for a mining company, informed the bench that a lease was granted to the firm for 30 years. He also filed his objections to the petitioners’ plea and prayed court to dismiss it with cost. He submitted that his client was carrying out lawful business protected under the Constitution and no one had the authority to deprive respondents of their right.
He claimed that the firm’s business was offending a certain group of individuals having vested interests. He alleged that the petitioners were trying to mislead court by pleading that locals were not getting jobs or social welfare from the mining operations.
Another amicus curiae Ishrat Lohar contended that the Section 3 of the Sindh Mines & Mineral Governance Act, 2021 barred mining of Karoonjhar because of its heritage and protected status. He said that this Act was introduced after 18th Amendment and empowered provincial government to deny permission for lease of mining at any archaeological or heritage site.
He said the hills were stretched over an area of 32-sq-kms and the lease in question did not mention the limits of the operation area thus undermining the entire Karoonjhar heritage site.
Published in Dawn, September 6th, 2023
