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Report of Commission of Inquiry 1 REPORT OF COMMISSION OF INQUIRY MR. JUSTICE MUHAMMAD IQBAL KALHORO APPOINTED BY HON’BLE CHIEF JUSTICE, HIGH COURT OF SINDH VIDE NOTIFICATION NO.GAZ/C.P.38/2016 SC (COMMISSION) DATED 29.12.2016, PURSUANT TO ORDER DATED 27.12.2016 PASSED BY HON’BLE SUPREME COURT OF PAKISTAN IN C.P.NO.38 OF 2016 (SHAHAB USTO V. GOVT. OF SINDH) TERM OF REFERENCE To record its findings in regard to providing/supply of clean water to the residents of Sindh besides the deteriorating condition of sanitation in Sindh. To examine the statutory role played by Sindh Environmental Protection Agency on the issues mandated by the Sindh Environmental Protection Act, 2014. DATED: 25TH FEBRUARY, 2017 2 I N D E X Sr. No. Description Page No. PART I 1. Introduction 04 2. Order of Honorable Supreme Court 05 3. Notification of Appointment of Commission 08 4. Public Notice 09 5. Commencement of Inquiry 09 6. Order of Analysis of Water Samples 10 7. Petitioner’s claim 12 STATEMENTS CHIEF SECRETARY & SECRETARIES, GOVT. OF SINDH 8. Chief Secretary 12 9. Planning & Development Department 15 10. Public Health & Engineering Department 15 11. Local Government Department 15 12. Irrigation Department 16 13. Health Department 17 14. Special Initiative Department 17 AUTHORITIES/BOARDS/LOCAL GOVT./AGENCIES 15. Sindh Coal Authority 17 16. Mayor Karachi 17 17. Karachi Development Authority 19 18. Karachi Water & Sewerage Board 19 19. Sindh Solid Waste Management Board 21 20. Karachi Metropolitan Corporation (KMC) 21 21. Karachi Port Trust (KPT) 22 22. Marine Pollution & Environmental Status of Karachi Coastal 22 Waters 23. Pakistan Defence Housing Authority 23 24. Pakistan Railways 23 25. Sindh Environmental Protection Agency (SEPA) 24 26. Sindh Industrial Trading Estates Karachi (SITE) 26 27. Commissioner Hyderabad 27 28. Water & Sewerage Authority Hyderabad (WASA) 30 29. North Sindh Urban Services Corporation Ltd. (NSUSC) 31 INDIVIDUALS 30. Dr. Safdar Ali Abbasi 33 31. Mr. Mustafa Kamal 34 32. Joint Statement of Members of Provincial Assembly Sindh 35 33. Syed Hafeezuddin 36 INDUSTRIAL ASSOCIATIONS 34. Representatives of Industrial Associations 36 PART II 35. Importance of water, sanitation and hygiene 38 36. FINDINGS 38 37. Reverse Osmosis /Filtration Plants in Sindh 41 3 38. Role of Sindh Environmental Protection Agency (SEPA) 46 39. Role of North Sindh Urban Services Corporation (NSUSC) 49 40. KARACHI 50 41. Filtration Plants 52 42. Total Expenditure on Filter Plants 54 43. Shortage of water 55 44. Multistory & High-rise Buildings 56 45. Test report of Water samples 56 46. Sanitation Issues in Karachi 59 47. STP-I Haroonabad, Shershah 60 48. STP-II Mehmoodabad 60 49. STP-III Maripur New Truck Stand 60 50. Expenditure incurred by KW&SB for last five years 60 51. Korangi Combined Effluent treatment Plant 61 52. Test Report of waste water samples 63 53. Issue of Solid Waste in Karachi 65 54. Problems disclosed by Karachi Water & Sewerage Board 67 (KW&SB) 55. Summary on Karachi 68 56. HYDERABAD 71 57. Potable water 72 58. Sanitation 74 59. Northern Sewage Treatment Plant 75 60. Southern Sewage Treatment Plant 75 61. Western Sewage Treatment Plant 75 62. Eastern Treatment disposal station (Darya Khan) 75 63. Solid waste 76 64. Test Report of Water Samples 77 65. Test Report of waste water samples 79 66. Remarks 81 67. Problems of WASA 81 68. Summary on Hyderabad 82 69. LARKANA 84 70. Test Report of water samples 83 71. Summary on Larkana 85 72. SHIKARPUR 86 73. Test Report of water samples 87 74. Summary on Shikarpur 89 75. JACOBABAD 90 76. Summary on Jacobabad 91 77. SUKKUR 91 78. Test Report of water samples 92 79. Summary on Sukkur 93 80. THATTA 95 81. BADIN 95 82. Test Report of Water Samples 96 83. Summary on Badin 98 84. THARPARKAR 98 85. Test Report of Water Samples 100 4 86. Summary on Tharparkar 102 87. UMERKOT 102 88. Summary on Umerkot 103 89. MIRPURKHAS 104 90. Summary on Mirpurkhas 105 91. Test Report of Water Samples of Tando Muhammad Khan 106 and Khairpur Mirs 92. TANDO MUHAMMAD KHAN 106 93. KHAIRPUR MIRS 107 DETAILS SUBMITTED BY DISTRICT JUDGES REGARDING WATER SUPPLY, SANITATION AND OTHER RELEVANT SCHEMES/PROJECTS DEVLOPED FOR THE LAST FIVE YEARS 94. Khairpur 110 95. Larkana 110 96. Kahsmore @ Kandhkot 110 97. Malir Karachi 110 98. Tharparkar @ Mithi 110 99. Karachi South 111 100. Karachi West 111 101. Sanghar 111 102. Naushero Feroze 111 103. Karachi East 111 104. Korangi 112 105. Tando Muhammad Khan 112 106. Matiari 112 107. Badin 112 108. Thatta 112 109. Sujawal 113 110. Shikarpur 113 111. Jamshoro 113 112. Umerkot 113 113. Hyderabad 113 114. Sukkur 114 115. Mirpurkhas 114 116. Tando Allahyar 114 117. Shaheed Benazirabad 114 118. Karachi Central 114 119. Jacobabad 115 120. Dadu 115 121. Ghotki 115 122. Kambar Shahdadkot @ Kambar 115 123. Report on application of Lal Khan Jatoi 115 124. CONCLUSION 117 125. R.O. Plants 119 126. SEPA 119 127. NSUSCN 120 128. Responsibilityr of Sindh Government 121 129. RECOMMENDATIONS 124 PICTORIAL VIEW OF VISITS OF DIFFERENT CITIES 5 PART-I Introduction This report is prepared in compliance of the order dated 27.12.2106 passed by the Honourable Supreme Court in Constitution Petition No.38 of 2016 (Shahab Usto V/S Government of Sindh through Chief Secretary, Government of Sindh and others) appointing a commission of enquiry to probe into allegations pleaded in the Petition. By the same order the Honourable Chief Justice High Court of Sindh has been requested to nominate a serving judge as Commission for the aforesaid purpose. Resultantly the undersigned was appointed as Commission vide notification No.GAZ/C.P.38/2016 SC (Commission) dated 29.12.2106 and Mr. Ghulam Mustfa Channa, Additional MIT-II of the High Court of Sindh as Registrar of the Commission. 6 The Order Of Honourable Supreme Court 7 8 9 The Notification of Appointment of Commission 10 After receiving aforesaid order and notification along with the copy of case file on 30.12.2016, and after perusing the same, I came to know that the Commission was required to record its findings in regard to providing/supply of clean drinking water to the people of Sindh, and on the deteriorating condition of sanitation in Sindh, in addition to examining the statutory role played by the Sindh Environmental Protection Agency on the issues mandated by the Sindh Environmental Protection Act, 2014. And in the course thereof to examine the officials or material from relevant agencies/organizations inclusive of all the civic and land owning agencies. The Commission was given time of six weeks for submission of report. Therefore, on the same day viz. 30.12.2016, the notices to all the concerned were ordered to be issued with the direction to appear and file their concise statements containing all necessary details concerning aforesaid issues on 02.012017. (Copy of such notice is filed herewith as annexure A). It may be mentioned that in order to examine the above issues at micro level, a reference dated 21.01.2017 was submitted before the Honourable Supreme Court seeking 10 days’ time till 21st February, 2017 for submission of the report, which was granted. However, again on 17.02.2017 a reference seeking further four days’ time for submission of the requisite report was moved before the Honourable Supreme Court which was also accepted. Public Notice On 31.12.2016 the Commission ordered for publication of Public Notice in three Newspapers (Sindhi, Urdu and English) inviting public at large to furnish to the Commission any information relating to above issues through statement supported by affidavit. The news for such Public Notice appeared in daily dawn dated 01.01.2017, whereas the public notice was published in daily Dawn and Kawish on 03-01-2-17 and in Jung on 04.01.2017. (Copies attached as annexure A-1). Commencement of Inquiry On 02.01.2017 the Commission assembled in the Court Room No.6 Annexe Building Justice Sabihuddin Ahmed Block, Karachi at 10 a.m. Learned A.A.G Mr. Sarwar sought three weeks’ time for submitting the requisite reports on behalf of Government of Sindh and relevant government officials, but he was granted only one week’s time for the said purpose. The proposal of Mr. Salman Talibuddin, learned Addl. Attorney General to seek services of water-quality- experts on the issues was accepted and in this regard all including the petitioner were directed to forward the names of such experts. At the same time the questionnaire (Annexure-B) prepared by the Commission on the subject was handed over to the Petitioner, Addl. Attorney General, Addl. Advocate General with direction to submit its reply within a week. On 03.01.2017, the names of Dr. Ghulam Murtaza Arain, Senior Research Officer Pakistan Counsel of Research in Water Resources (PCRWR), Karachi, Mr. Adrees Rajpoot and Dr. Noman Ahmed were finalized and they were appointed as amicus curia to assist the Commission. Mr. Adrees Rajpoot appeared on 04.01.2017 and stated that he was not expert on the issues being dealt with by the Commission and sought his leave. On his proposal in his stead, Mr. Sulleman Chandio, special secretary (Retd.), Local Government 11 Department was appointed as amicus curia. Dr. Muhammad Ahsan Siddique, the water technologist, appeared in Hyderabad when the enquiry proceedings were held there and volunteered his services along with his team for assisting the Commission. Order of Analysis of Water-Samples In order to record precise findings with regard to quality of water being supplied to the people of Sindh, the Commission decided to call for Chemical and Microbiological test reports of the water-samples (sub-soil water and surface water) of different areas of the Province.
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