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SHC asks irrigation, Sida officials to hear growers on water shortage

By Our Staff Correspondent 2019-07-13
HYDERABAD: A division bench of the Sindh High Court comprising Justice Salahuddin Panhwar and Justice Adnan Iqbal Chaudhry on Friday issued showcause notices to the irrigation secretary, Sindh Irrigation and Drainage Authority (Sida) managing director, Kotri Barrage chief engineer and other respondents in the light of a magistrate`s report regarding water shortage in the tail-end areas of the province.

The court was seized with a petition filed by Mir Mohammad Talpur.

The court asked the respondent irrigation officers why they should not be booked under the Pakistan Penal Code (PPC) for committing a crime by depriving tail-end growers of drinking and irrigationwater. It also ordered the irrigation secretary to convene open katchehry on July 20 in Ahmed Rajo, Shaheed Fazil Rahu [formerly Golarchil in Badin at 11am. The event should be given wide publicity enabling growers to attend it.

The bench also sought from the officers a mechanism to ensure growers of Chakri, Nul(arji, Mari Masyo, Grari regulator, Ahmed Rajo regulator and Grari minor were getting water without hindrance as per the ratio of water availability.

The bench issued a notice to the deputy attorney general asking him to assist court about whether Rangers were required to provide assistance to the irrigation authorities enabling them to comply with this order.

The bench tagged the plea with a 2016 petition and fixed the matter for July 23 at 10am, asking all respondents to bein attendance.It directed that the order be communicated to the Badin deputy commissioner and SSP for compliance.

On Thursday, the court had ordered the Badin district and ses-sions judge to depute a magistrate who should visit site and submit a report whether the petitioner and other khatedars of watercourses were receiving water.

The bench said that in case they were not receiving water, statements of other khatedars should be recorded and a report be submitted in court.

In his petition, Mir Mohammad Talpur stated that his and his wife`s land were connected with watercourses of Ahmed Rajo distributary in Golarchi-Guni canal division of Kotri Barrage. He submitted that due to illegal pipes and watercourses, cuts and tampered modules, an acute shortage of water was being experienced by the growers concerned.

According to the petitioner, Ahmed Rajo distributary emanates from Jhol branch of Guni canal. He and other khatedars have long been protesting against illegal pipes, connections, cuts, tampered modules and damaged regulators but without any action by the officials concerned. The lands of other khatedars on Jhol branch arelocated where almost no cultivation is seen.

He said that illegal pipes, tampered modules and water-lifting machines were found on Guni canal from RD-183 to RD-210 and on Jhol branch from RD-00 to RD-25. This, he said, was seriously affecting his lands.

Mr Talpur prayed to court to appoint a commissioner to visit the identified sections to ascertain the position. He said respondents be directed to close illegal watercourses and dismantle illegal cuts, pipes, tampered modules and lift machines.

Civil Judge and Judicial Magistrate-I of Badin Waqar Hussain in his report submitted on Friday stated that he visited the lands of the petitioner and other growers. He said he along with neighbouring landowners of the petitioner reached tail-end of Ahmed Rajo distributary and found half foot water in distributaries of Jhol branch and Guni canal and that could be used for animals alone. He said this quantum of water was released five daysback as some landowners told him during the visit.

The magistrate stated that during the visit to the tail-end of Jhol branch and Guni canals, no water for irrigation purpose was found due to which lands of the petitioner and other khatedars were lying barren.

Some khatedars, answering his [the magistrate`s] query, said they had not been irrigating their land for two years. They stated they were provided water for three days in April and since then no more supplies was made.

They alleged that they could irrigate their lands only if three and a half feet water was released in the distributaries of Jhol branch.

The magistrate quoted names of growers with their landholdings.

They said no heed was paid by the irrigation department to their calls for desilting of branches. They got excavation done on their own on some section of Jhol branch.

The magistrate said that the petitioner and khatedars were deprived of their due share in water.