The Rawalpindi bench of the Lahore High Court (LHC) has admitted a constitutional petition seeking a flood rescue plan from the district administration to permanently protect the city from the threat of floods. The petition also urged the top court to order the departments concerned to conduct land survey of the Nullah Leh, the 10 major rainwater drains of the city and government land on either side of the Soan River.
A member of the LHC Bar Association, Advocate Malik Saleh Muhammad filed the petition under Article 199 of the Constitution.
Justice Mirza Waqas Rauf admitted the petition for hearing and issued notices to the Rawalpindi commissioner, deputy commissioner, the Rawalpindi Development Authority, the revenue department, the Ministry of Climate Change and the relevant flood departments as well as disaster management authorities.
It also sought details of flood relief and rescue plans.
The petition stated that that the length of Nulla Leh was 15 kms. Its width was 500 to 700 feet as per official gazette notification records, which was now reduced to 100 to 300 feet.
The width of storm drains used to be between 12 feet to 20 feet. It has now reduced to five to 10 feet, the petition stated.
It stated that width of the Soan River was 2,000 feet to 3,000 feet, which has now reduced to 500 feet. The catchment area of the Soan River has been completely depleted, it added.
According to the petition, the sewage of Islamabad, Rawalpindi and its cantonment ends up in the river.
It contended that ‘institutional collusion’ had resulted in the construction of houses, shops and markets on land adjoining the river, which is government land.
It contented that the Survey of Pakistan and the provincial finance department should be ordered to conduct a detailed emergency survey and submit the land ownership report to the court. The government land that is in the possession of the citizens should be recovered, it continued.
It pointed out the adverse impacts of climate change globally and how Pakistan is extremely vulnerable to it. The district administration should request a comprehensive flood protection and relief programme from the relevant institutions. Strict legal action should be taken against the organization that violates the order, it pled.
After admitting the petition, the court sought details of the flood rescue and relief plan, and record of government land from the relevant administrators.
Published in The Express Tribune, July 10th, 2023.
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