HYDERABAD, May 16: The Hyderabad Circuit bench of Sindh High Court hearing a contempt of court application against executive engineer RBOD-II Nasrullah Soomro on Wednesday, ordered suspension of excavation of Right Bank Outfall Drain-II (RBOD) till May 22.
Comprising Justice Mohammad Moosa K.Leghari and Justice Faisal Arab, the division bench restrained the respondents from excavating/constructing the drain in the green belt.
The court granted one week time to respondents' counsel Jagdesh R.Mullani and the executive engineer to file counter affidavit and other documents on which they are relying upon before the next date of hearing and also supply copies to other side which is represented by Mr Jhematmal Jethanand, advocate.
Mushtaq Ali Shoro and others filed a contempt of court application for violation of court's order of March 15 by the executive engineer Nasrullah Soomro.
According to them, the contemnor stated that respondents were not going to construct proposed drain from lands and properties of green belt till next date and, on April 12, the Additional Advocate-General (AAG) Sindh and Jagdesh Mullani, advocate contended that work of public interest had been stopped on account of petition.
It was stated that upstream and downstream work of RBOD may be allowed to be carried out for the time being. The contemnor stated that no amenity or building shall be disturbed and only drain work, as may be necessary, to complete RBOD shall be carried out.
The petitioners maintained that, despite this, the contemnor brought machinery on April 15 and started construction of drain from lands and property of green belt, particularly from Chaudhry Karamuddin and Essa Shoro Goth and graveyards of one dozen villages.
Mushtaq Shoro, Mohammad Sharif Chaudhry, Essa Khan and Hameeduddin Arain had filed a joint constitutional petition, citing Federal
Secretary Planning and Development, Sindh Secretary Irrigation, Project Director RBOD, Director- General EPA and Deputy District Officer as respondents.
The petitioners claim to be the residents, land owners and cultivators of green belt which is 15 kilometre long and around one kilo meter wide and situated in Dehs Khanpur, Kotri, Karokhao of taluka Kotri.