MUHAMMAD SHARIF vs PROVINCE OF SINDH art — 2024 CLC 371 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHARIF VS PROVINCE OF SINDH art. 199---Water quality of Lakes, decrease in---Hatching/feeding of fish (fry)---Scheme/tender---Environmental effects---Petitioners/citizens of the locality invoked constitutional jurisdiction of the High Court challenging different schemes/tenders of the respondents (provincial government/departments) specially in relation to feeding (fish) fry [commonly called seed] in Manchar Lake---Contention of the petitioners was that since the water of Manchar Lake had been polluted, because of being fed through MNV canal, the water quality was decreasing day by day and was hazardous for any kind of growth therein including fish---Plea of the respondents was that every year the fish fry /seed in the shape of different species (of fish) were being passed on and fed to the lake for the purposes of human consumption and there was nothing of the nature which could harm a human on account of consumption of such water breathing animals (aquatic animals)---Validity---Since water quality plays significant role for aquatic life---pH and TDS play a significant role in determining the quality of water and its conduciveness for fish growth---It is very alarming that these tenders could be awarded without water assessment and thus would be a futile attempt for such purpose and may have a financial catch for some individual[s]---pH is a measurement of concentration of hydrogen ions in water---Lower pH means more hydrogen ions and higher pH means fewer hydrogen ions; pH has a scale from 1-14 which measures acidity and alkalinity of water, anything above 7 in an alkaline based water whereas less than 7 is acidic---Similarly TDS is actually total dissolved solids in water which included both organic and inorganic substance---Research showing the effect of varying pH value on different commodity reveals that fish cannot survive at 4.2 pH and unless water test of lake is undertaken by the Fisheries Department, feeding of fry to these lakes would be a futile attempt and could only be a monitory gain for individuals having no interest in aquatic life and its actual benefits---Impartial departments may draw samples of the water from Manchar Lake on their own, independently and submit their lab analysis as to its conduciveness for the growth and production of different varieties of fish (fry) and as to whether such fish stock on its maturity could be fit for human consumption---Efforts should be put by the "Hatchery Department" who are responsible for feeding the lakes with such seeds, instead of achieving such object through tenders by outsourcing it---at one hand huge amount is being spent in maintaining Hatchery Department and on the other its benefit is being drawn by its employees---High Court had already passed an interim order, in the present proceedings, and the tender process was halted, which (order) was operating---Immediate steps were to be taken for the assessment of the water condition of Manchar Lake---Notices be also issued to all three impartial departments i.e. (i) Chairman, Department of Fresh Water Biology and Fisheries University of Sindh Jamshoro, (ii) Vice Chancellor, Karachi University, for referring the matter to the appropriate faculty having interest in the subject issue and (iii) Chairman Department of Land and Water Management, agriculture University of Tando Jam, enabling them to draw samples independently in presence of petitioners as well as official respondents and examine them in terms of the above as to water conduciveness, and report be submitted to High court before the next date of hearing so that the issue of tender be decided one way or the other---Petition for hearing of main case (constitutional petition) was disposed of accordingly.

MUHAMMAD SHARIF vs PROVINCE OF SINDH art — 2024 CLC 371 KARACHI-HIGH-COURT-SINDH

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