HYDERABAD, Aug 15: Under the directives of a division bench of the Sindh High Court, Hyderabad circuit, the deputy registrar of the court, Ghulam Mustafa Channa, on Thursday visited a site in Jamshoro where a pharmaceutical company was laying a pipeline on the protective bund of River Indus.

The bench, comprising Justice Mohammad Moosa K. Leghari and Justice Zia Pervez, asked the deputy registrar to visit the site, ascertain facts and submit his report before the bench by Aug 20.

The order was passed after the petitioner, Jamshoro Union Council Nazima Naima Baloch, who said the pipeline exposed the lives of people to danger, filed a separate application, seeking appointment of commissioner.

The petitioner cited the secretary for irrigation, chief engineer, irrigation, Kotri Barrage, superintending engineer, Baghar Circle, and executive engineer, irrigation, Kotri Barrage, Jamshoro Division, as respondents.

Naima said by virtue of an agreement, dated Aug 17, 1968, between the government of West Pakistan and Messrs Sandoz Pakistan, Jamshoro, now running under the name and style of the Messrs Clariant Pakistan, the supply of water from River Indus to the Clariant Pakistan, was sanctioned and as per the agreement’s terms and condition, the company had agreed to lay the water pipeline below the formation level of the bund.

She said the company had violated the agreement by laying the pipe line on the embankment and added that 34 years ago the water level in the river bed was quite different and even four lakh cusecs of water could pass easily.

On the request of the company, another pipeline was sanctioned and it was laid away from the bund.

On the application, dated Jan 14, 2002, of the company, an order was passed whereby repair of the factory water pipeline in respect of existing pipeline was sanctioned.

She said the company started excavating the bund at upstream for laying down a new pipeline, in defiance of the sanction order, granted by the government, to repair the old pipeline.

She said the existing pipeline was not even touched and the excavation continued on one kilometre but the respondents did not take any notice of the illegal act of the company.

The petitioner told the court that on the protest of inhabitants of the area against the company, the secretary for irrigation appointed the chief engineer, Kotri Barrage, to visit the site and stop the laying work of pipeline and get the bund restored to its previous position.

She said that at the meeting of the Indus River Commission, the company tried to misguide the members of the Commission in order to lay the fresh pipeline.

She said no clear permission was granted by the Commission to lay the pipeline and claimed that without her permission, excavation work could not be carried out by anyone under the Sindh Local Government Ordinance, 2000.

The petitioner said she informed the company but it did not pay any heed and in connivance with respondent officials continued their work.

She said the initiative of the company was illegal.

The petitioner prayed the court to declare the action of respondents violation of the order of the secretary for irrigation, passed on June 17, and implement the order to stop the excavation work.

RESPONDENTS COMMENTS: The executive engineer, Kotri Barrage, the chief engineer, irrigation, Kotri Barrage, and the superintending engineer, Baghar Circle, said the existing pipeline was four feet deep along the bund and not outside and added that even at the maximum discharge, it was three feet below the level at which the pipeline was laid in 1968.