LHC orders construction of Kalabagh Dam!!

[Armstrong]

My dear compatriot, Pakistan is short of electricity and suffers from floods; therefore it does not take a great deal of wisdom to realize that Kalabagh Dam will be good for the country.

However, we are a federation and Indus River belongs as much to Punjab as it does to KP, Baluchistan and Sind. People of the smaller provinces may be totally wrong to oppose it. Nevertheless, their opposition to Kalabagh dam is a fact and well-known to all including the LHC.

What do you think this decision is going to cause except strikes in the smaller provinces resulting disruption in the economic activity? My point is that why LHC justices issued an order when they are aware that Kalabagh Dam is not going to be built in the foreseeable future?

If you think that because a decision is good, it should be forced down the throats of the 3 smaller units of the federation; I beg to disagree.

I just can't wait till more powers are devolved to the Provinces & some Government in Punjab can take this decision unilaterally ! Let the others cry till their hearts content but I bet neither the ANP would be complaining when more than 800,000 acres of land are made cultivable in KPK (Heard Shams-ul-Mulk) nor Sindh when Karachi isn't facing 14 hour power outages or industries are being closed down.

 

[TechMan]

Well technically court is only ordering government to follow CCI decision as per constitution which is binding. And I read somewhere that if they don't want to implement this decision then they can bring a resolution in national assembly which is the proper way.

 

[aks18]

Some pointers..

Sindh is the lower riparian and strongest opponent of KBD and politicians presents many objections against the proposed dam:
1.That their share of the Indus water will be curtailed as water from the Kalabagh will go to irrigate farmlands in Punjab and Khyber Pakhtunkhwa, at their cost. Sindhis hold that their rights as the lower riparian have precedence according to international water distribution law.

2. The coastal regions of Sindh require a constant flow of water down the Indus into the Arabian Sea so that the flowing water can keep the seawater from intruding inland. Such seawater intrusion would literally turn vast areas of Sindh's coast into an arid saline desert, and destroy Sindh's coastal mangroves.

3.With the construction of dams, such as Mangla Dam and Tarbela Dam across the Indus, Sindhis have seen the once-mighty Indus turned into a shadow of its former glory downstream of the Kotri Barrage up to Hyderabad. They fear that there simply is not enough water for another large dam across the Indus, let alone three.

4.Claims that the current flow of Indus river downstream of Kotri Barrage is only because of rain. Hence in years of low rain, Sindh fears the Indus would stop flowing.

5.Damming the Indus has already caused a number of environmental problems that have not yet addressed. Silt deposited in the proposed Kalabagh dam would further curtail the water storage capacity of Manchar Lake and other lakes and of wetlands like Haleji Lake.

President Musharraf, Prime Minister Shaukat Aziz and other leaders, had promised "iron-clad constitutional guarantees" to ensure that Sindh gets its fair share of water. However, these assurances meant little to most Sindhis, who claim that even the earlier 1991 Indus Water-Sharing Accord, which is a document already guaranteed by the constitutional body, the Council of Common Interests, has been violated, and that Punjab has "stolen" their water without any concrete evidence.

about your third point after the construction of indian dams over pakistani rivers affected the mighty indus river and jehlum river tarbela and mangla have already close to its life line .. illiterate sindhis are being made fool by the politicians even blochis are against Kalabagh dam who will recieve a Canal for its province via this dam .

 

[third eye]

about your third point after the construction of indian dams over pakistani rivers affected the mighty indus river and jehlum river tarbela and mangla have already close to its life line .. illiterate sindhis are being made fool by the politicians even blochis are against Kalabagh dam who will recieve a Canal for its province via this dam .

Indian Dams are constructed over Indian rivers and are within the ambit of the IWT. Objections raised by Pak from time to time have either been complied with or turned down. In some cases where pak went to the international court the Indian stand was upheld.

@ the topic, the bottom line is that in our part of the world we need to do two things - Reline our canals to ensure minimal seepage takes place and find ways to ensure fresh water does not flow needlessly into the sea.

 

[rubyjackass]

Exactly my thought.

A court wouldn't do the feasibility studies, environmental impacts etc would they?

Anybody familiar with the law on this forum?

If this is the case, then why doesn't the court run the whole country by ordering the government on everything? (I am not being supportive or against any party, just an observation).

This is only applicable to western law:
A court cannot order a government to do anything except in cases when an aggrieved party complains specifically against a government agency or when there is some unconstitutional law. Courts certainly cannot order a government to build a dam. However in court orders they can say something on the lines of:'The government should build the dam for the welfare of people'. But that will not constitute an order to the government. This is, I think, what happened and some nut in the media started pushing it as court order.

Typically courts do not overstep their boundaries, the catch being that judiciary itself is supposed to identify its boundaries(being the interpreter of law). However usually there are other checks on judiciary in the form of impeachment procedures against the Chief Justice and other higher judges. So if the Chief justice of Pakistan orders the dam and creates a constitutional crisis(like in the Swiss letter case), the government(or better stated legislature) can use that option. But the present government in Pakistan is too weak to even dare to threaten it.

 

[Fracker]

Indian Dams are constructed over Indian rivers and are within the ambit of the IWT. Objections raised by Pak from time to time have either been complied with or turned down. In some cases where pak went to the international court the Indian stand was upheld.

@ the topic, the bottom line is that in our part of the world we need to do two things - Reline our canals to ensure minimal seepage takes place and find ways to ensure fresh water does not flow needlessly into the sea.

1st learn what he said then reply... He said India constructed dams over Indian rivers (Satluj, Ravi & Bayas), but this was was also falling into sindh at location call punjnaat. So, this was also one reason why Indus fall down.

@Topic

Pakistan needs this dam, and there are already 10s of studies performed for its feasibility. And as per predictions, the glassiares will soon will start melt down faster and moon soon will become more n more worst. So this dam is actually in favor of KPK, Baluchistan and Sindh, since this will not only improve energy crisis in Pakistan but also canals from this dam will flow in KPK, n Baluchistan. which will increase furtilize land, and also save Sindh from next flood year. unfortunately, in KPK & kashmir flood will become more worst.. and it requires more control over Pakistani rivers to easy people sufferings in coming future due to Global Warming.

Just for everyone's information, as per scientists Global Warming will become worsen in coming years & it is the top most threat to human civilization.

 

[xyxmt]

yeh from politicians who's lands will be consumed by the dam.

I say even if have to drown the entire village do it. we can relocate the residents.

My Village at the banks of swan river (in Punjab) will go under water if dam is built, I havent been there in a long time but back 20 years ago people had no objection to building this damn as they were told they would be relocated and given same amount of land. the objections to Dam from ANP is just the Indian Money speaking.

 

[Jango]

This is only applicable to western law:
A court cannot order a government to do anything except in cases when an aggrieved party complains specifically against a government agency or when there is some unconstitutional law. Courts certainly cannot order a government to build a dam. However in court orders they can say something on the lines of:'The government should build the dam for the welfare of people'. But that will not constitute an order to the government. This is, I think, what happened and some nut in the media started pushing it as court order.

This is what happened regarding the political activities in presidency case. The case merely suggested that the President should not do political activities in the presidency in his capacity as Party president, because President represents the federation. It did not say the president will not.

I haven't seen anything this order or anything, but I think the wordings in this judgment were as orders.

Typically courts do not overstep their boundaries, the catch being that judiciary itself is supposed to identify its boundaries(being the interpreter of law). However usually there are other checks on judiciary in the form of impeachment procedures against the Chief Justice and other higher judges. So if the Chief justice of Pakistan orders the dam and creates a constitutional crisis(like in the Swiss letter case), the government(or better stated legislature) can use that option. But the present government in Pakistan is too weak to even dare to threaten it.

The judiciary in Pakistan is starting to impose itself now, and will surely do something extraordinary. In Urdu we call it something like 'par lag gaye hain'. A sign of it is this: Court, PAC: SC refuses to send registrar for scrutiny of its accounts – The Express Tribune.

This CJP is too popular to be impeached now by this government or something by the army. BTW, this order was by the LHC, not Supreme court.

 

[Leader]

Can a court order the government to construct a dam?

No.......it cannot. it simply CANNOT. a court can give a decision which may imply or clear the hurdles by petitions against the project, then it is decided by the will of political force to carry it or not or lay rest to it.

this is judicial activism, just like army overstepping their limits.

 

[Don Jaguar]

then it is decided by the will of political force to carry it or not or lay rest to it.

I have heard that ganja the great said ok to this project.

So now what?

Do we need permission from the federal government also?

 

[REHAN NIAZI FALCON]

but it should happen after consensus .............
and other thing is Make mianwali part of khyber pukhtoon khaw problem solved .....
only objection is related to turbines present in punjab ..
as per rule the area having turbines can claim royalty .......

 

[jha]

What if Sindh High Court passes an order opposite to this..?

Why is Judiciary trying to run the show..? These decisions must be made by the Cabinet... Case of another Judge getting crazy by new found power..?

BTW opposition has started coming ..

Kalabagh dam: LHC ruling akin to attack on federation

Awami National Party (ANP) leader Afrasiab Khattak on Friday said the Lahore High Court’s ruling calling for the construction of the Kalabagh dam was akin to an attack on the federation, DawnNews reported.

Speaking to media representatives in Islamabad, Khattak said the LHC’s ruling on a set of petitions seeking to build the dam had “the tone of Takht-i-Lahore” in it.

Khattak added that three units of the federation had rejected the idea of constructing the much-politicised dam.

On the occasion, ANP spokesman Zahid Khan said digging the matter would not deliver any results.

Khan added that the ANP would soon announce its strategy on the issue.

 

[aks18]

What if Sindh High Court passes an order opposite to this..?

Why is Judiciary trying to run the show..? These decisions must be made by the Cabinet... Case of another Judge getting crazy by new found power..?

BTW opposition has started coming ..

Kalabagh dam: LHC ruling akin to attack on federation

the dam has been politicized by anti pakistan forces and politics is being played on kala bagh dam now these illiterate people who opposing this Dam will see its result one day ,and after kala bagh Basha Dam also facing useless allegation from anti pakistan forces like india and billions of rupees have been invested on the traitors like jamat ali shah who was chairman of water board now ran to canada nd hiding there who sold out the pakistani rivers

 

[aks18]

I have heard that ganja the great said ok to this project.

So now what?

Do we need permission from the federal government also?

the way zardari playing negative politics he could use his skills in to good directions like Kala bagh Dam and solve this useless issues created by Sindhis and KPK people i wonder why blochis are against this project even they will have a canal coming from this dam

 

[aks18]

Indian Dams are constructed over Indian rivers and are within the ambit of the IWT. Objections raised by Pak from time to time have either been complied with or turned down. In some cases where pak went to the international court the Indian stand was upheld.

@ the topic, the bottom line is that in our part of the world we need to do two things - Reline our canals to ensure minimal seepage takes place and find ways to ensure fresh water does not flow needlessly into the sea.

the way indians are trying to steal the water of river neelum which is important source of water of Jehlum river shows the reality of hypocrite peace lover indians .