RECORDER REPORT
ISLAMABAD: The Supreme Court on Wednesday directed for construction of Diamer-Bhasha and Mohmand Dams, saying they are inevitable for the survival of the people of Pakistan.
A four-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing a petition for construction of Kalabagh Dam. The CJP said the nation should exhibit the fervor which it did in the 1965 war and donate money for this good cause.
The court ordered the federal and provincial governments, WAPDA and all the executive authorities in Pakistan, who are responsible or have nexus/connection with the building of the aforesaid dams and all matters connected thereto, to take all necessary steps for the commencement of construction and early completion of these dams.
The bench constituted implementation committee for the construction of dams and also for oversight of execution of their works. The court directed that a comprehensive report in this regard with detailed timelines and milestones shall be submitted to this court within a period of three weeks by the committee.
The committee shall be headed by chairman WAPDA and comprises Additional Secretary (Budget), Finance Division, Joint Secretary, Water Resources Division, Joint Secretary, PM Office (to be nominated by Secretary to PM); Senior Chief (Water), Planning Division; Chief Secretary Gilgit-Baltistan; Senior Member Board of Revenue, KP, and Additional Chief Secretary (Development), KP. The court said that the Committee can co-opt any members/ experts.
The court said under the provisions of Article 78 of the Constitution, any funds deposited in the Public Account of the Federation can be dedicated to a specified project or purpose. “We, therefore, direct the establishment of an account, for the time being in the name of the Registrar of the Supreme Court of Pakistan, for collecting funds donated by the people of Pakistan for the construction and establishment of the aforementioned dams.” The bench through the order appealed to the nation for making its contributions, whether in the shape of foreign currency or in Pakistani rupees, directly to the said account. The funds in the said account shall be utilized solely for the construction and establishment of the aforementioned dams and shall for the time being be operated under the orders of this court on the recommendations of the implementation committee.
It is made clear that the funds in this account shall not under any circumstance or for any reason be diverted or utilized for any purpose other than the construction of the afore-noted dams.
For avoidance of doubt, it is directed that no questions shall be asked by any authority or department including, but not limited to the tax authorities, relating to the source of funds contributed to the said account. The utilization of the said funds shall be subject to audit as per directions of this court.
The court observed that the need for water reservoirs is not only expedient but also a sine qua non for the survival of the people and economy of Pakistan. All those present in the court including officials of the various departments and experts on the subject were unanimous in this regard. They were also unanimous on the point that according to the decision of the Council of Common Interests, Diamer-Bhasha Dam and pursuant to the approval of the ECNEC both the said and Mohmand Dam must be built on an urgent basis by the federal government and in this regard there is no dispute or discord of any nature among the provinces.
It said that right to life is a fundamental right and without water there can be no existence of life. The establishment of water reservoirs is, therefore, not a question of just quality of life rather the very existence thereof. Therefore, in terms of the provisions of Article 184(3) of the Constitution read with Article 9 and as guardians of the fundamental rights of the people of Pakistan, this court has the jurisdiction to issue necessary directions to the government for the practical enforcement of the primordial right to life.
After the hearing, the apex court immediately issued a statement, which said: “Chief Justice Mian Saqib Nisar donates Rs1 million as an initiative measure for construction of dams.”
Attorney General for Pakistan Khalid Jawed stated that Pakistan is a federation consisting of four units. He said Kalabagh Dam has become controversial, adding the even semblance is not created that the apex court is supporting the controversial dams.
He said that there is unanimity that the dams should be constructed. He, however, expressed regrets that 40 years were wasted. He submitted that it is the responsibility of the government to build dams, adding that the policy matters are decided by the government, while the apex court decides the constitutional issues.
He said the Council of Common Interests (CCI) had taken up the issue of construction of Diamer-Bhasha Dam on 18-07-2010 and approved the project at the end of 2010. The executive and the bureaucracy have to implement the court order. The Supreme Court is the constitutional court and is empowered to issue directions.
Joint Secretary Water Resources Shumail Ahmed Kh stated that in the last 18 years nothing was done for the construction of dams. He said Kacchi Canal project was completed last year. He said Rs22 billion were allocated in the budget, adding the allocation for the water projects was reduced by the previous governments from 17 percent to 3 percent.
Joint Secretary/Pak Commissioner Indus Water, Mahar Muhammad Ali supported the construction of Bhasha and Mohmand Dams. He gave the presentation about the water situation in the country. He said: “We are at the storage capacity of 1976,” adding 15MAF to 16MAF water is lost due to silting.” Economically one MAF water costs Pakistan $500 million, he added. He said that after 1976 more dams should have been constructed at least one dam after every 10 years.
Secretary Ministry of Planning Shoaib Siddiqui informed the court that Executive Committee of National Economic Council (ECNEC) has already given approval for the construction of Diamer-Bhasha Dam at an initial estimated cost of Rs625 billion on March 19, 2018 and Mohmand Dam Hydropower Project at a cost of Rs309.558 billion on 26th April, 2018. However, the Chief Justice remarked that it happened when the Supreme Court took notice of it. He inquired from him who is responsible for non-construction of water reservoir in the last 40 years.
The finance secretary proposed if water pricing regime is imposed then each year Rs70 billion could be generated, adding that on average the farmer spends Rs1900 on fertilizer, but pays Rs170 on per acre feet water. He said 45 MAF water goes to agriculture. He said that Abyana rate should be increased from Rs170 to Rs1500 per acre feet.
Incumbent Chairman Wapda Lt-Gen Muzamil Hussain told the court that there is only 4 percent allocation for water projects in PSDP out of it Wapda gets only 2 percent. He said that there should be an action committee to supervise the water projects, adding if the decision are not made on a war footing then the country would face acute water shortage. He suggested that there should be uninterrupted flow of funds for the construction of dams.
Earlier, former Chairman of WAPDA Shams said why more dams cannot be constructed in the country when 46,000 dams were built all over the world in the last century. He also supported the construction of Bhasha and Mohmand Dams.
