HYDERABAD: The Sindh Coal Authority (SCA) in its para-wise comments submitted in the Sindh High Court on Tuesday said that the committee on the Gorano saline water reservoir, built in Tharparkar, had made its recommendations beyond the scope of its mandate given by the court.

The comments were filed by SCA counsel advocate Samman Raffat Ismail who sought an adjournment to enable her to seek instructions from her client on the objections on the report filed by petitioners.

The SHC Hyderabad circuit bench comprising Justice Salahud­din Panh­war and Justice Fahim Ahmed Siddiqui asked petitioners’ counsel, advocate Zubair Abro and advocate Ayatullah Khowaja, to proceed with their objections on the committee report, submitted in court on May 3. They both opposed adjournments but the SCA counsel said she had received a copy of the objections only on Friday (Sept 8) which contained factual controversies and, therefore, she needed instructions from her client.

Advocate Salman Mirza, the counsel for the Sindh Engro Coal Mining Company (SECMC) contractor, also sought time to argue after obtaining a copy of the objections.

The counsel for the wildlife department, advocate Mohsin Shahwani, referred to the objections raised by petitioners’ counsel during the previous hearing and recalled that the apex court had barred government departments from engaging private lawyers. He said he was ready to argue on it but he would need a week’s time to seek instructions from the department on the petitioners’ objections.

Justice Panhwar remarked that it appeared that the respondents’ lawyers were not ready to argue. He asked petitioners’ lawyers to proceed with the case but when the respondents’ side prayed for time, the judge adjourned the hearing to Sept 19 with a rider that the matter would be heard on that day even if respondents’ lawyers did not turn up because the point involved at this stage was simple: whether the four-member inquiry committee worked as mandated by court in letter and spirit.

SCA comments

In its comments, the SCA observed that all regulatory authorities including SCA had performed and would keep performing their respective statutory obligations. It said that no lapse was identified by the committee. It noted that the committee was not mandated to recommend studying effects of mining.

It said that recommendation 10 was in conflict with the committee’s own findings because as per the report, the [Tharparkar] deputy commissioner confirmed that there was no settled population in the land required for the Gorano and Dhukarcho reservoirs.

The committee itself concluded that no village was located within the pond area thus no settlement was needed. So, in the absence of evidence to the contrary it could not be assumed that the source of subsistence of any family would be affected.

The SCA quoted the committee’s assumption that villagers thrived on cattle grazing regardless of ownership of land. It termed the assumption “absurd” as the report confirmed that only one-two petitioners met committee members.

The SCA submitted that assessing suitability of the Gorano or Dhukarcho sites was in any event not within the scope of the committee formed under the Dec 21, 2016 SHC order as far as the report’s concluding para-1 was concerned. It said that the mandate of the committee was limited to examining effects of ponds and did not extend to mining operations.

The SCA stated that the water stored in ponds was not meant for human consumption and the committee was required to assess whether there would be any hazardous effects or consequences due to its storage. It said that no likelihood of hazardous effects or consequences due to its storage in ponds was identified by the committee in its report.

SCA described the contents of concluding para 4 as “unfounded and without merit”, claiming that it was not only beyond the scope of the committee’s mandate but of the petition as well. The next para appeared to be in relation to issue no. 4 which was beyond the committee’s mandate.

The SCA prayed to court to dismiss the petition.

Published in Dawn, September 13th, 2017