Constitutional petition seeks permission for KBD construction

LAHORE - A constitutional petition has been filed in the Supreme Court seeking permission to construct Kalabagh Dam and praying to the court to declare it an inalienable right of the citizens of Pakistan and the binding duty of the State to resolve this issue according to the Constitution. Barrister Syed Ali Zafar has filed the petition on behalf of Zia Shahid and Sultan Ali Chaudhry, ex-minister Food and Agriculture, Punjab. All the four Provinces and various concerned Government authorities, including WAPDA have been enlisted in the petition as respondent with the view to seek justification from them as to why such an important project, that is imperative for the survival of the nation and which would have attenuated the severity of the recent floods saving the lives of 20 million Pakistanis, has been forsaken? Barrister Zafar relying on expert reports has submitted that in 2025 Pakistans water level will drop to 1000 M3/Capita which is considered to be 'extreme water scarcity while Tarbela and Mangla reservoirs are rapidly losing there storage capacities due to sedimentation. This was pushing Pakistan towards a national disaster making the construction of Kalabagh Dam imperative, the Barrister further said. The petition, relying on statements of past and present Prime Ministers, Chief Ministers and Governors and contradictory resolutions of the Provincial Assemblies as well as the recent Punjab Assembly resolution of 5th October, 2010 submits that KBD is a dispute between Governments inter se and the Supreme Court has exclusive jurisdiction to settle such disputes under Article 184 (1) of the Constitution. Barrister Zafar affirmed that water was tantamount to life and utilization of water by building dams for welfare of citizens was a fundamental right guaranteed by the Constitution. It will be violation of the rights of the millions of Pakistanis if the Federal Government does not build KBD, he said. He submitted that as a result of the Indus Water Treaty of 1960, Pakistan lost waters of Ravi, Beas and Satluj rivers. He added that due to constant infighting our country had been unable to fully utilise the water of the remaining three rivers namely Indus, Jhelum and Chenab. India on the other hand has built 4,291 dams and proposes to build 695 dams even on Pakistani rivers of Chenab and Jhelum. Pakistan has only been able to build Tarbela and Mangla reservoirs while Kalabagh dam remains shelved as a pipe dream owing to internal differences. As a result, Pakistan wastes 38 MAF of river water every year as it flows into the sea. India is now claiming the right to build large dams like Bhasha on Pakistani rivers under the pretext that India needs the water while Pakistan continues to waste it. In the petition an impassioned plea is made to the Supreme Court that if we have to safeguard our future generation from famine stricken and barren Pakistan, we have to construct KBD immediately.

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