Khawaja Zaheer Ahmed - PDMA

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6. What is the approximate volume of losses sustained by the affectees and Government during the floods? 7. Whether relief was extended to the flood affectees on war footings or not? 8. Jacobabad Airport was available for flood relief operations, if so then whey the relief goods were not sent to affectees on urgent basis? 9. What is the pace of rehabilitation in the flood devastated areas? 10. Whether flood affectees are entitled for damages and compensation from the Government of Pakistan or from the persons who were benefited from the embankment breaches. 11. Whether administrations of the Provincial Government in private and official capacity are responsible for failing to manage affairs of flood affectees justly or properly, if so, what action is suggested against them? 12. Whether embankment of River Indus was being maintained annually, if not so, who is responsible for the same? 13. Who was responsible for breaches that took place at Tori Bund and Aliwan Bund? 3. Essentially above factual controversies / questions need to be answered by a fact finding body who shall be authorized to exercise all those powers which are available to a Commission constituted by the Court. The skill and experience on administration and revenues side for appointment as Members of fact finding body would be one of the consideration because the constitutional and legal questions raised in instant proceedings have to be answered by this Court. There is no cavil with it that such questions would be properly considered when factual aspects of the case are highlighted sufficiently and in a proper manner. Therefore, instead of constituting a commission comprising Judicial Officers, it is considered appropriate to appoint Commision of following prominent and senior Page 174 of 211
etired officers with requisite skills and experience at their credit to deal with matters relating to the factual controversy highlighted hereinabove: 1. Mr. A.K.Lodhi, Former Chief Secretary, Government of Sindh. 2. Mr. Fateh Khan Khajak, Former Chief Secretary, Government of Balochistan. 3. Mr. Azam Khan, Former Chief Secretary Government of KPK 4. Khawaja Zaheer Ahmed, Former Federal Secretary Government of Pakistan. The above respectable members of the Commission shall, from amongst themselves, select a Senior Member to act as a Convenor of the Commission. We are of the opinion that as the controversy relates to some technical aspects as well, the Commission shall be authorized to co-opt, for its assistance, any number of the members having experience and expertise in the matters like Irrigation, flow of water, constructions of dams, bridges, etc. Such members shall also be considered to be the component of the commission with the same authority / jurisdiction, which has been conferred upon other members. 4. As the task being assigned to the Commission, undoubtedly, is enormously laborious one, the Commission shall, amongst many, require logistic aid and support involving financial aspects as well; therefore, we direct: i. That all the Chief Secretaries of the Provinces shall constitute a pool for the purpose of meeting Commission’s requirements, logistic and finances to be left at its disposal and whenever there is necessity to enhance the logistic support or to increase the finances, etc. required by the Commission, the same shall be updated by the Chief Secretaries of all the provinces after consultation with each other through Facilitator who is being appointed herein below. Page 175 of 211
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Page 1 of 211
Page 3 and 4:
ANNEXES ANNEX-I Supreme Court Order
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ABBREVIATIONS C.E. Chief Engineer C
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Embankment A wall or bank of earth
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2) Deposits of water-borne material
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FOREWORD The Hon’ble Supreme Cour
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A. Composition COMPOSITION AND TERM
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THE FINDINGS OF THE COMMISSION 9. O
Page 17 and 18:
Findings a. The bunds are spread ov
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Finding Presence of sizeable number
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11. Whether administrations of the
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The Mandate: MAIN REPORT CHAPTER-1
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Government that he had been examine
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CHAPTER-2 THE INQUIRY PROCEEDINGS 7
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c. http://www.nation.com.pk./pakist
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personal properties were exposed to
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Jacobabad Air-Force Base were voice
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out. Illegal encroachments along th
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denied compensation despite running
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n. During the Commission’s visit
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expenditure of Rs.880 million durin
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413 tons of medicines, 160,470 Hygi
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destruction; that on 31.7.2010, the
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months during which an air-bridge w
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had increased to 1,514,202 with Rs.
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arrages. During such visits on 1 st
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questions to depose that on its inc
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the LGB/LMB to flood Mianwali and B
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designed heights that contemplated
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submitted that until 27 th July, th
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working, critically impaired and co
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was caused by the breaches to the g
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ags of fertilizers were handed over
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iv) Ms. Iffat Malik Acting D.G. PDM
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assistance was sought from HQ 5 Cor
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7 Partially damaged Kacha 5,000 8 S
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3 rd March to the effect that the P
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2) Mr. Abdul Qayyum, Director Gener
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Estimated Damages to Public and Pri
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Irrigation Sector Damages PROVINCE
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CHAPTER-4 GEOGRAPHY OF PAKISTAN 21.
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excessive sediments from the river
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is usually warm, whereas the frozen
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Raj, and those built since independ
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LHR. City 0 0 0 5 0 0 19 ISLAMABAD
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2 0 8 9 BADIN 0 0 0 0 0 0 0 0 16 4
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following sequence contains the nat
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n) Substantial retention of extra i
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z) The change in river morphology h
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average length of 200 ft; it was su
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30.07.2010 600-750 547.0 (-53) 90-1
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c. Most Dams/ Barrages including Su
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that breaches were caused to Tori b
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studies that Pakistan receives more
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maintained and submitted about the
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charge of the bunds & poor supervis
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summed up in the comprehensive over
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after 20 months of its constitution
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and appreciate the NDMA assistance,
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accuses various management tiers of
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inadequate for the task in hand. Ad
Page 123 and 124: Provincial Governments, and the NAD
Page 125 and 126: informed that post-completion evalu
Page 127 and 128: threats that loom in future. Beside
Page 129 and 130: need for early expansion in the res
Page 131 and 132: On the one hand, it provided free a
Page 133 and 134: subjected to local scrutiny by best
Page 135 and 136: conceivable contingency that the ei
Page 137 and 138: Employment of Zamindari Labour in C
Page 139 and 140: einforces the public view that it d
Page 141 and 142: on the other hand claimed that the
Page 143 and 144: if compared with DNA verified losse
Page 145 and 146: minimal works at Tori after approva
Page 147 and 148: f. Sixthly, the statement of Mr. Ra
Page 149 and 150: evised from time to time, after sur
Page 151 and 152: the lead agency that steers disaste
Page 153 and 154: Rabi crop for 2010-11 to help reviv
Page 155 and 156: n. The possibility that certain ele
Page 157 and 158: personnel deployed for the purpose
Page 159 and 160: Controversial reform packages, at t
Page 161 and 162: So, the fact is that along with eve
Page 163 and 164: . Establishing a coordinating mecha
Page 165 and 166: 90. Thousands of acres of “Katcha
Page 167 and 168: IN THE SUPREME COURT OF PAKISTAN (O
Page 169 and 170: Sindh and Balochsitan as well as th
Page 171 and 172: 5. In addition to above, there are
Page 173: 1. Ministry of Defence, Islamabad 2
Page 177 and 178: 5. In view of lengthy question, whi
Page 179 and 180: For M / o Water & Power Nemo. For M
Page 183 and 184: The Commission, therefore, resolved
Page 187 and 188: ANNEX-II-A LIST OF WITNESSES/OFFICI
Page 189 and 190: 39. Mr. Sahibzada Mahmood Faizi, Jo
Page 191 and 192: ANNEX-II-B LIST OF PUBLIC WITNESS &
Page 193 and 194: 81. Abdul Khaliq Malah S/o Muhammad
Page 195 and 196: 168. Abdullah S/o Nazir Ahmed 169.
Page 197 and 198: ANNEX-III-B-I Cash Assistance Table
Page 199 and 200: ANNEX-III-B-II WATAN-CARDS (2 ND IN
Page 201 and 202: RELIEF IN KIND BY PDMA’S Distribu
Page 203 and 204: Dates 5 kg cartons 1,572 1 1,572 Da
Page 205 and 206: Cloth (new) 100 100 Cloth Cotton 39
Page 207 and 208: 3. Provincial Disaster Management A
Page 209 and 210: ANNEX-IV-B INDICATIVE FOREIGN ASSIS
Page 211: as under:- (i) Reconstruction of Na
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Khawaja Zaheer Ahmed - PDMA

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