KARACHI: A two-judge bench of Sindh High Court (SHC) headed by Justice Aqeel Ahmed Abbasi yesterday after hearing case against water connection to Dr. Ziauddin Hospital North Nazimabad directed respondents to maintain status quo in respect of subject connection till September 15. Court appointed Nazir as Commissioner and ordered him to report after inspection.    

Earlier Owais Jamal Law Officer and an authorised representative of respondents in his counter-affidavit to main petition submitted that this petition is not maintainable as it raises disputed questions of facts that require evidence. It is settled law that this Court in its constitutional jurisdiction does not enter into fact-finding hence this petition is not maintainable and is liable to be dismissed.  He said petition is based on concocted facts wherefore is baseless and is liable to be dismissed as there is no factual merit in assertions made by petitioners as answering respondent has transparently carried out process of attaining a water connection. It is pertinent to point out that along with family trustees of late Dr. Ziauddin there are other trustees on Board who are professionals and contributing to achievement of charitable objects of Trust.  Respondent initiated North Nazimabad Campus in 1975. Being one of older private hospitals in Karachi answering respondent has grown since 1975 in its physical capacity as well as number of patients, employees, medical treatment and all ancillary care.  Answering respondent provides medical care in almost all areas of medical care and has inter alia patients for dialysis (nephrology) which in particular requires usage of a large quantity of clean water, gynecology ward, pediatric ward, lab services, operation theatres and other medical treatments and services which also require continuous use of a large quantity of water.

It is pertinent to point out that due to hospital's consumption of water and tariff of water is two times domestic tariff as clearly usage is more but also extremely pertinent as hospitals are providing essential services to common man.  Upon realising that need for water was increasing, answering respondent was left with no choice but to get a water connection. Option of private water tankers in order to fulfill shortage was a highly expensive option that would raise cost of medical services given to public at large.

Matter remained unresolved and answering respondent was left with no choice but to apply for another water connection in accordance with Notification January 19, 2018. Thereafter, an application was made by answering respondent to respondent No. 2 for grant of water connection.   

Respondent No. 2 following its rules and regulations accorded approval of water connection request, and after a payment of Rupees eighty-seven lacs ninety two thousand eight hundred fifty only) was deposited. Approval for water connection as per Sanction Certificate is 2" from 48" NUB main. Total area of plot as indicated in provisional challan is 5614 square yards for which a 2" water connection was granted. Although total area of answering respondent is 8869.20 square yards, because this was a commercial connection, in light of respondent No. 2's own allotment, therefore connection could not be given from a distribution connection and therefore connection had to be given from side of main pipe of 48". This raised cost of answering respondent as it had to pay for laying of pipe for 1.5 km on its own cost so that distribution line of neighbourhood remains undisrupted. Accordingly, answering respondent had to apply to District Municipal Corporation (DMC) to attain a road cutting permit to lay line down as respondent No. 2 refused to take responsibility of laying pipeline down for which answering respondent bore cost. Permission was granted on June 29, 2022 which will expire on October 28, 2022 after a number of Rs nineteen lacs ninety three thousand nine hundred sixty six only, was paid on June 6, 2022 to DMC (Central) for road cutting charges. A total of Rs one crore, seven hundred and eighty-six thousand eight hundred and sixteen has been spent by answering respondent, as per schedule of charges and in accordance with law for this water connection.   It is pertinent to mention here that all the allegations cast by the petitioner are based on fabricated claims and without any substantial evidence which tends to only dent and malign the repute and the dignity of the medical facility which has been in the services of the suffering humanity since decades with utmost dedication, honesty and providing vast scale of quality healthcare services sans any discrimination.  

Respondent has not violated any law, on the contrary, complied it –  Law Officer’s Counter-affidavit ‘The answering Respondent has not violated any law and on the contrary, has entirely complied with the same. There is clearly a requirement for water by the answering Respondent which is providing medical services to not only the people of Nazimabad but to the people of Karachi with great magnitude. Hence, there is no illegality in the application or grant of water connection, wherefore this Petition is baseless and liable to be dismissed’.  

Published in The Daily National Courier, September, 09 2022

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.