Sindh’s delay in making water cess law irks SC

Expressing displeasure over the Sindh government’s delay in introducing legislation to determine the price of underground water, the Supreme Court has summoned the Sindh chief secretary.

When a three-judge bench presided over by Justice Umar Ata Bandial resumed hearing of water cess case on Wednesday, Justice Maqbool Baqar – a bench member – noted that the SC had ordered the Sindh government to carry out relevant legislation one year back but it had not done anything so far.

“What is the cause of this delay,” he asked.

Justice Bandial noted that the Sindh government has not taken the apex court order seriously. “Sindh chief secretary must appear before the court at the next hearing and explain the reasons for this delay. If he failed to satisfy the court then we would take strict action against the provincial government,” he added.

Justice Ijazul Ahsan, the third member of the bench, asked as to what the other provinces have done with regard to setting the price of underground water. Punjab additional advocate general told the bench that Punjab government introduced a law with regard to water cess in 2019.

Khyber Pakhtunkhwa (K-P) Advocate General Shumail Butt said the province had adopted Punjab’s legislation for determining water cess while Balochistan advocate general told the court that the government had drafted the legislation and is going to table it at the provincial assembly soon.

The bench ordered Balochistan advocate general to submit a progress report with regard to the relevant legislation at the next date of hearing. The court also asked all the provinces to submit details about water cess by the next hearing. The court adjourned the hearing till April 29.

The Supreme Court on August 27, 2019 directed all the provinces and the federation to prepare a similar draft in four weeks for deciding the prices of underground water. The court had also ordered the Water and Sanitation Agency (Wasa) managing director to submit proposals for saving water.

Justice Ijazul Ahsan had then remarked that there were only a few points which needed legislation like transfer of money in water tax account, installation of flow metre and Faisalabad project-like steps taken in other districts. He had said the court wanted to know the progress made on all of these points.

The K-P additional advocate general had told the court that detailed meetings had been held to draft law for the imposition of water tax.

Sindh advocate general had told the court that the provincial government had given its proposals on water bill to the attorney general for Pakistan and that the Sindh government would take into consideration the draft of the federal government.