LAHORE, Oct 30: Hearing several identical petitions for construction of Kalabagh dam, the Lahore High Court chief justice on Tuesday asked petitioners’ counsel to come up with arguments on a point that what kind of order could be issued to the government in the instant case.

Earlier, counsel A.K Dogar and Azhar Siddique insisted in their arguments that the court should directly issue an order to the prime minister for the construction of KBD. They said the Council of Common Interests (CCI) had already resolved to construct the dam in an agreement signed between the provinces and the federation in 1991.

Advocate Siddique pointed out that the then prime minister and chief ministers of all provinces had signed the agreement about sharing of water and the construction of KBD.

Therefore, he argued that the court could invoke the provisions of articles 9 and 38 of the Constitution and order construction of the dam under doctrine of public interest.

He pointed out that the Supreme Court had recently allowed cutting of trees for widening of Lahore Canal in public interest.

The chief justice adjourned further hearing till Nov 8 and asked the counsel to come with further arguments in this regard.

The petitioners had submitted that non-construction of the Kalabagh Dam would render country’s agricultural land barren. They said the project was in the interest of all provinces and objections were of technical nature, which could be removed.

The petitioners said the technical committee on water resources on April 11, 2005 had given green signal for construction of the dam. They submitted that the court should issue a clear-cut directive for the completion of the project of national importance.

They said in June 1985 and July 1989 planning and development division had decided to construct the dam. They said in 2004 the LHC had ordered for taking measures to construct the dam.

He said in India the superior courts not only dismissed the petitions against construction of dams but also admonished those who took the matter to the court.

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