HYDERABAD, April 2: Two petitioners whose lands lie at the tail-end of Akram Wah told the Hyderabad circuit bench of the Sindh High Court on Wednesday that the pipeline fed by Akram Wah had been laid in violation of the rules and regulations of Sindh Water Management Ordinance (SWMO) 2002.

The petitioners Abdul Ghaffar and Syed Zafar Ali Shah contested comments filed by respondents, executive engineer of Akram Wah and district officer water management of Tando Mohammad Khan in support of the pipeline and said that they had filed a rejoinder to their constitutional petition, challenging the transfer around 3,000 acres of land in the command area of Sukkur Barrage to that of Kotri Barrage.

The petitioners challenged the sanctioning of pipeline on the request of district officer of water management Ayub Burdi, who also held the office of general secretary of Abadgars Association of Rahuki Shakh and alleged that the official had obtained the orders in connivance with respondent general secretary and got the record prepared accordingly by Sukkur Barrage authorities.

He did not complete the formalities even after the order dated Jan 8, 2008 from respondent Kotri Barrage authorities informed him that the pipeline had been laid in violation of rules and regulations of SWMO 2002.

They said that they produced their record before the general secretary and told him that their lands were irrigated by Akram Wah and they would suffer heavily if the land in question had been shifted from Sukkur Barrage to Akram Wah of Kotri Barrage.

They said that all the respondents were in the know of letters and dissenting notes by respondents and accused the general secretary of suppressing actual facts in violation of SWMO 2002.

They said that the letters from respondent director of Left Bank canals Area Water Board (AWB), Badin, chairman of AWB, Left Bank canals Badin and managing director of SIDA would prove that the Jan 18 order, approving the excavation of pipeline was in violation of SWMO 2002.

They said in response to executive engineer’s comments that he allowed the illegal supplementary pipeline to be laid without compliance with rules and regulations and consultation with other official respondents even though he admitted shortage of water and rotation programme for Akram Wah.

They alleged that the official had filed comments without making on the spot inquiries and consulting other respondents. The application of respondent general secretary was strongly opposed by the director of Left Bank canals AWB, chairman of AWB left bank Badin and MD SIDA, they claimed.

They said that the executive engineer concealed facts in his comments and even Jan 8 order had been obtained from the caretaker government in a mala fide manner.

Earlier, executive engineer of Akram Wah canal said in his counter affidavit that the caretaker chief minister had approved sanctioning the supplementary pipeline from Akram Wah as he could do it after relaxing the ban on transfer of command areas.

He said that the district officer in capacity as general secretary of a growers body sought 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 was sent to the secretary of irrigation by superintending engineer of Rohri Canal circle duly recommended and with no objection to the transfer of the said area, he said.

He said that the chief minister could sanction a supplementary pipeline after relaxing the ban. The petitioners requested the court to declare Jan 8, 2008 order as unlawful.