Clifton Cantonment Board stopped from collecting water tax

SHC says CBC not entitled to collect tax from residents when it is not supplying water through supply lines or tankers

The Sindh High Court ordered on Wednesday that the Clifton Cantonment Board (CBC) would not collect water tax from residents who were not being provided the commodity through supply line or tankers.

The verdict came on a petition filed by Rukhsana Yahya, a resident of DHA, who had moved the court against unavailability of water through supply lines and tankers.

The petitioner submitted that she had applied to the cantonment board for a water connection in 1997 and all requisite formalities were fulfilled but the respondent had failed to discharge its duties and functions.

Water has not been supplied to her till date through the supply line. The supply of the commodity through tankers was irregular and insufficient.

The petitioner’s counsel, Syed Mohammad Yahya, submitted that the respondent had deprived her client from a basic and essential necessity of life and as such had infringed her fundamental rights guaranteed under the Constitution.

He submitted that the respondent was wasting precious resources and public money as it had failed to design, develop and implement an efficient water supply system for the residents of DHA and using tankers was only a temporary solution which itself was a waste of public money, a nuisance for the residents and hazardous to the environment.

CBC counsel Abdullah Munshi submitted that the supply of water by CBC to its residents was dependent on the supply to the board by the Karachi Water and Sewerage Board. However, the court observed that no agreement or other documents between CBC and KWSB has been placed on record.

The CBC also submitted in its application that because of the acute shortage and scarcity of water occurring from time to time, the board had arranged for additional tankers for the residents of DHA. It was undertaken that the CBC had no objection over continuing the practice of supplying five water tankers to the petitioner each month as well as other residents of the DHA who were not being provided water through supply line.

The CBC counsel submitted that such statements were also displayed on its website.

To a court query, the CBC additional CEO Arfeen Minhas submitted that water tax was charged and collected by the board on annual basis from all residents of the DHA including the petitioner.

An SHC division bench headed by Justice Nadeem Akhtar observed that it was an admitted position that water was not being supplied to the petitioner through the supply line and still being supplied through tankers as a stopgap arrangement. It noted that the respondent was duty-bound to supply water to the petitioner when they were charging and collecting water tax from her on annual basis.

The court observed that in case of failure on the part of the CBC in discharging the statutory duty and function, it should disentitle itself from charging, claiming or collecting water tax from residents.

The court observed that before granting permission in an unplanned and indiscriminate manner to the owners of the properties to raise a construction and occupy it, the CBC ought to have considered the impact of population of residents on the limited source and supply of water by keeping in mind the elementary and universal principle of demand and supply.

The court observed that it is expected from CBC that it would ensure that permissions and approvals for fresh constructions and new water connections are granted without disturbing, restricting or curtailing the rights of all those residents who are already enjoying such rights.

The court disposing of the petitions directed the CBC that it would file a compliance report on a monthly basis to the inspection team member for the next six months.

The court ordered that the CBC would not charge, claim or collect water tax from the residents who were not receiving the commodity through supply lines or tankers.

The CBC will display the statement and court directives on its website and all notice boards immediately and they will not be removed without the court’s permission.