HYDERABAD: A natural pond (tarai in local parlance), which was dug up by road contractors in Vejhyar village, has been restored to its original shape after a group of villagers filed application in a Mithi court, challenging destruction of their only source of water.

Civil Judge and Judicial Magistrate-II of Mithi Shahabuddin disposed of the villagers’ application, after the court was informed that the natural pond had been restored to its original shape.

The application was filed by Hari Singh, Soorat Singh and Yar Mohammad Chanesar, all residents of Vejhyar taluka Mithi in Tharparkar district, under Section 133 of Criminal Procedure Code concerning public nuisance caused by excavation of mud from natural pond (tarai) in Vejhyar village.

Following the July 24 conditional order passed by the court, respondent Bharat Malhi appeared before the court and denied involvement, contending he was only a contractor for supplying stationery to Thar Coal and not engaged in the alleged excavation.

According to the court’s order passed on Aug 21 whereby the application was disposed of, respondents SHO Chelhar police station and then assistant commissioner of Mithi filed reports, confirming that activity of mud lifting had ceased completely and that FWO camp office in Vejhyar was vacated.

The applicants’ counsel, Jeeloji Rajput shared a copy of the order with Dawn.

The order said the SHO, after the inquiry, disclosed the names of several individuals allegedly involved in the excavation.

The court issued notices to them. They denied responsibility but voluntarily offered in larger public interest to restore the Vejhyar pond.

Applicants appeared before the court and submitted that the pond had been restored to its original natural shape by joint efforts of the respondents.

They said that after recent rainfall, the tarai has again filled with water.

The SHO, who was present in the court, also confirmed restoration which was further endorsed by the mukhtiarkar concerned.

The applicants filed affidavits formally seeking withdrawal of the application, being fully satisfied that their grievance had been redressed.

However, the judge in his observations said that water is the essence of life and in the desert terrain of Tharparkar, traditional ponds were more than mere water bodies; in fact they are lifelines for people, cattle, birds and ecosystem.

They said that any activity that destroyed or diminished their natural capacity was not just a nuisance, but a direct threat to the fundamental right to life and dignity guaranteed under Article 9 of the Constitution.

In view of affidavits and confirmation from officials, the court held that the nuisance has been completely abated, the pond has been restored and grievance of the villagers resolved. The July 24 conditional order stands fully complied with, the application is accordingly disposed of as infructuous.

However, in exercise of powers under Section 143 CrPC, the court ordered, no person, contractor, agency, or entity shall in future excavate, damage, or otherwise interfere with Vejhyar pond or any other natural reservoir within jurisdiction.

The order asked the SHO and AC Mithi that they shall ensure strict vigilance and in the event of any violation, shall take immediate legal action and submit a report to this court.

The applicants had sought removal of public nuisance created by respondents who were digging deep pits and excavating soil from the pond, which was their vital resource for storing rainwater.

Published in Dawn, August 29th, 2025