HYDERABAD, March 25: The Hyderabad circuit bench of the Sindh High Court was told on Tuesday that the caretaker chief minister violated ban on transfer of command areas by sanctioning a supplementary pipeline for taking water from a canal that came under the command area of one barrage to irrigate lands that fell within another barrage’s command area.

The farmers Abdul Ghaffar and Syed Zafar Ali Shah who filed a petition against the chief minister’s move said that the lands falling in the command area of Sukkur Barrage to Kotri Barrage were transferred without complying with relevant rules and the pipeline was sanctioned without seeking permission from the area’s water management board.

They cited district officer of Water Management of Tando Mohammad Khan Mohammad Ayub Burdi, director of Left Bank Canals Area Water Board (AWB) of Badin, chairman of AWB of Left Bank canals of Badin, managing director of SIDA, executive engineer of Akram Wah and secretary of irrigation as respondents while the court adjourned the hearing of the case to April 1.

The petitioners, who said their lands in Deh Khakher and other talukas of Badin district were irrigated by Akram Wah, Ali Wah Large, Sher Wali Small and Adu Wah at the tail-end of Akram Wah, claimed that the district officer of water management submitted an application on Sept 22, 2003 to chief minister requesting for transfer of 3,000 acres of land at the tail-end of Rahuki distributary in Hyderabad taluka to Akram Wah or Phulelli Canal.

The application was sent to all the respondents asking them to verify the site position, they said, adding that district officer claimed to be general secretary of Rahuki tail-end farmers organisation although he could not hold such a position for being a government servant.

Director of AWB of Left Bank canals and MD SIDA opposed the request and reported it to the secretary of irrigation on March 20, 2006 and March 30, 2006, respectively, they said. The secretary, taking into consideration the reports and shortage of water in canals did not take any action, they added.

But the caretaker government despite ban on transfer of area from one barrage to another transferred the area and supplementary pipe from Akram Wah, they said and termed the secretary’s action illegal.

They said that the respondents damaged land and even a graveyard in the process of laying the supplementary pipe from Akram Wah and on Jan 8, 2008 allowed water to be taken to Rahuki tail-end area without following rules.

They said that despite water shortage in Kotri Barrage and ban on transfer of area from one barrage to the other the respondents allowed the supplementary pipe to go ahead.

They said that the respondent executive engineer, in connivance with other irrigation officers, and without complying with rules laid the pipeline, damaging valuable lands, houses and graveyard.

They prayed the court to declare Jan 8, 2008 order as unlawful and restrain the respondents from acting upon it.

The executive engineer of Akram Wah in his comments said that the district officer in his capacity as general secretary submitted an application to the caretaker chief minister requesting for transfer of their area of command from ex-Rahuki distry of Sukkur Barrage to Akram Wah of Kotri Barrage.

A proposal for the transfer of 2,518 acres of command area was sent by superintending engineer of Rohri Canal circle duly recommended and with no objection to transfer of the said area to the secretary of irrigation, he said.

He said that the chief minister accorded approval to the sanction of supplementary pipeline after relaxation of ban and subject to all the legal formalities under Sindh Irrigation Act.

He said that the chief minister could sanction a supplementary pipeline after relaxation of ban. The petitioners’ lands did not fall within the command of Akram Wah and the actual land holders of the area in question had already given consent to supplementary pipeline, which was already operating, he argued.