Khawaja Zaheer Ahmed - PDMA

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miseries including non receipt of regular supply of the water for the purpose of irrigation. There cannot be two opinions that protection to life and property is the fundamental right of the citizens. Equally, it is the obligation of Government to protect their lives and property and to see that the citizens particularly those who are subject matter of the petition and have suffered on account of flood devastation, to enjoy better living. 3. Mr. <strong>Ahmed</strong> Junaid, Chief Engineer of Irrigation Department, has appeared on behalf of Secretary Irrigation, Government of Sindh whereas no one has appeared from Balochistan except the Additional Advocate General. The Chief Engineer of Irrigation Department, Govt. of Sindh, has pointed out that work has already commenced on Kirther Canal to ensure supply of water to irrigate the lands during the forthcoming season of kharif crop. The supply for irrigation purposes in the area noted by the commission both in the Balochistan and Sindh Provinces falling within the command of the Kirther canal are necessarily required to be completed expeditiously enabling the farmers to sow their crops. 4. It is to be noted that season of Kharif normally commences from the first week of month of April, therefore, the Chief Secretaries of both the provinces i.e. Balochistan and Sindh are hereby directed to pool their all resources and ensure without fail to complete the task of supply of water to the farmers in the area of Dera Allah Yar and adjacent areas of the province of Sindh not later than 15 th April, 2011. However, both the functionaries shall be submitting weekly report to the Registrar for our perusal in Chambers. 5. Before parting with this order we would like to clarify that in the interim report reproduced hereinabove the Commission has not mentioned that the Tori Band was not deliberately breached, therefore, reports which have been published in some of the sections of media perhaps are not based on the correct facts. Islamabad 28-3-2011 Zulfiqar* Page 184 of 211
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J. MR. JUSTICE MUHAMMAD SAIR ALI MR. JUSTICE GHULAM RABBANI C.M.A. No. 1326 OF 2011 In CONSTITUTION PETITION NO. 62 OF 2010 (Marvi Memon Versus Federation of Pakistan, etc.) AND ANNEX-I-D SUO MOTO CASE NO. 17 OF 2010 (Action taken on letters sent by Mr. Fakhruddin G. Ebrahim and Mr. Jan Muhammad Khan Jamali regarding Unauthorized Diversion of Flood Water) AND HUMAN RIGHTS CASE NO. 52220-P OF 2010 (Application by Ghazanfar Ali Khan) AND HUMAN RIGHTS CASE NO. 57247-A OF 2010 Application by Malik Kausar Abbas Advocate AND HUMAN RIGHTS CASE NO. 59622-S OF 2010 Application by Dr. Abdul Ghaffar Rind Petitioners/Applicants Ms. Marvi Memon (in person) On Court Notice: For the Federation Mr. Khalid Ismail Abbasi, D.A.G. Mr. M. S. Khattak, AOR Qazi Talat Mehmood Siddiqui, S.E., FLC For Govt. of Balochistan Mr. Azam Khattak, Addl. A.G. Mr. Arshad Hussain, ADC. For Govt. of KPK Syed Arshad Hussain Shah, Addl. A.G. For Govt. of Punjab Ch. Kadim Hussain Qaiser, Addl. A.G. Page 185 of 211
Page 1 and 2:
Page 1 of 211
Page 3 and 4:
ANNEXES ANNEX-I Supreme Court Order
Page 5 and 6:
ABBREVIATIONS C.E. Chief Engineer C
Page 7 and 8:
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
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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
Page 35 and 36:
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
Page 47 and 48:
months during which an air-bridge w
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had increased to 1,514,202 with Rs.
Page 51 and 52:
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
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Provincial Governments, and the NAD
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informed that post-completion evalu
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threats that loom in future. Beside
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need for early expansion in the res
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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 and 174: 1. Ministry of Defence, Islamabad 2
Page 175 and 176: etired officers with requisite skil
Page 177 and 178: 5. In view of lengthy question, whi
Page 179 and 180: For M / o Water & Power Nemo. For M
Page 181 and 182: IN THE SUPREME COURT OF PAKISTAN (O
Page 183: 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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