The Sindh High Court (SHC) has directed the Cantonment Board Clifton (CBC) to place on record the relevant gazette notifications establishing its jurisdiction over DHA phases VI, VII and VIII within a month, observing that in the absence of such lawful notification, it “shall refrain from levying municipal taxes in those areas”.
Disposing of the identical petitions challenging the CBC’s jurisdiction over DHA phases VI, VII and VIII, and the lack of adequate water supply in DHA areas, an SHC division bench headed by Justice Adnanul Karim Memon directed the CBC to ensure compliance with its previous undertakings before the courts with regard to the provision of regular and equitable water supply to the DHA residents within its jurisdiction.
The court observed that the petitioners had challenged the jurisdiction of the CBC over DHA phases VI, VII and VIII, including Block 8, on the grounds that no valid federal government notifications exist under sections 3 and 4 of the Cantonment Act, 1924, but the CBC relied upon SRO 207(I)/83 as the basis of its jurisdiction.
The court observed that it is well-settled that a cantonment can only lawfully exist and operate within the limits declared through a federal government notification under the Act.
The court observed that although the petitioners raised a serious objection, the CBC produced an official notification that carries a presumption of legality unless rebutted by cogent evidence.
The court observed that in the absence of conclusive material negating the same, jurisdiction cannot be declared unlawful at this stage. Nevertheless, the court observed that the CBC is bound to place the complete gazette notifications on record, and that any ambiguity would restrict its authority, particularly in respect of taxation.
The court observed that the CBC’s jurisdiction is not set aside but remains subject to verification of lawful notifications under sections 3 and 4 of the Act.
The court pointed out that the report submitted by the Karachi Water & Sewerage Corporation (KWSC) acknowledges the disparity between demand and supply, but also highlights systematic issues such as leaks, illegal hydrants and inequitable distribution of water.
The court observed that these findings reinforce the petitioners’ grievances and demonstrate that a water crisis is not merely a logistical issue but also a matter of governance and accountability.
The bench directed the KWSC to ensure water supply to the CBC, which would provide water to the petitioners without discrimination, otherwise the respondents would be liable to proceedings under Article 204 of the Constitution without any further notice, subject to the fulfilment of the codal formalities under the law.
The court also directed the KWSC to eliminate illegal hydrants and leaks, along with the transmission lines, particularly the pipeline from the Korangi Crossing to DHA.
The court ordered that until the sustainable pipes’ water supply system is established, within three months, the CBC would continue to provide water through bowsers to the residents strictly on a non-profit, no-loss basis, ensuring transparency and non-discriminatory distribution.
The bench directed the CBC to instal proper metering, and maintain audited accounts of water charges and expenditures incurred in the provision of water services to the petitioners. The court directed the KWSC to submit quarterly progress reports regarding improvement in bulk supply, and the measures taken against illegal hydrants.
The bench ordered that any reverse osmosis plants in DHA, including those funded through public or foreign assistance, should be utilised primarily for the benefit of general residents without fail, and their operation and distribution mechanism would be subject to periodic audit.
The court observed that access to potable water is a fundamental right, and any failure to ensure its provision would expose the officials responsible of the CBC to proceedings under the law, including contempt of the court.
