IN THE HIGH COURT OF SINDH AT KARACHI

(Constitutional Jurisdiction)

Constitutional Petition No. D-7560 of 2022

1. Nabeel Ahmed Khan

Son of Syed Mohammad Yousuf
Muslim, Adult, resident of
H. No. 5, Khayaban-e-Shujaat
DHA, Phase 1,
Karachi.

2. DHA & Clifton residents …………………………………………………. Petitioners

Versus

1. Karachi Metropolitan Corporation

2. Karachi Water & Sewerage Board

3. Deputy Commissioner

4. Sindh Solid Waste Management Board

5. DHA & Cantonment Board Clifton

6. Administrator Karachi

7. Commissioner Karachi

8. Secretary Local Government ………………………......................... Respondents

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC

REPUBLIC OF PAKISTAN 1973

The Petitioners humbly submit as follows:-

1. That the petitioners are the citizens of Islamic Republic of Pakistan and
therefore entitled to enjoy all the rights guaranteed by the Constitution of
Pakistan 1973.
2. Petitioner is invoking the jurisdiction of this Honourable Court under article 199
of the constitution of Islamic Republic of Pakistan 1973 and seeking a writ in
the nature of mandamus.
3. That as per settled law, the petitioners in order to seek a writ of mandamus,
fulfilled the pre-requisite before invoking the jurisdiction of High Court under
article 199 of the constitution of Islamic Republic of Pakistan 1973 by
approaching the respondents through written correspondence and by appearing
before them in person but the legitimate request of the petitioners are not
solicited. Now there is no equally expeditious, in-expensive and efficacious
remedy available to the petitioner.
4. That the construction work is going on in DHA, Clifton and adjoining areas, the
connecting line got severely damaged and blocked and the sewerage pressure is
quite high, now drain is overflowing and our entire locality is full of sewage
water. 
5. That it has become a hard task to drive on the main roads as well as the service
lanes mainly due to nuisance caused by the overflowing of Drains/ Gutters.
6. Motorcyclists are being injured in accidents due to broken and submerged roads
in DHA and adjoining areas.
7. This results in a breeding fest for the mosquitoes and flies which carry out
harmful diseases which lead to health risk (Dengue cases are rising day by day
especially in Karachi, Sindh).
8. There are about 1000 families in our locality and most of these families consist
of children, infant and old-aged members who are in jeopardy of health hazards
caused by the negligence of respondents 1, 2, 4 & 5.
9. The overflowing of drains leads to foul odor which is intolerable at all costs,
most of these drains are not maintained well by the cleaning workers of
abovementioned departments.
10. That they seem to throw all kinds of plastic and other wastes in these drains
which further worsen the quality of the drains.
11. There have been a lot of request, application made to concerned departments
and officials but their response is yet too received.
 GROUNDS

I. That on 15-09-2020 the petitioners Nabeel Ahmed Khan, and other DHA and
Clifton residents had mentioned in their plea that at least 15 people were killed
in DHA, Clifton and adjoining areas due to the negligence of abovementioned
respondents and they have failed in managing /cleaning drains pre-monsoon
on August 27 and 28, 2020.
II. That even the Kachi Abadis (slum areas) of Karachi have been cleared of
rainwater, but not the DHA areas. Broken roads are not being repaired on the
pretext of more expected monsoon rains. Half of DHA Phase-I has turned in a
slum area. Houses have been built on natural storm water drains, with no
proper mechanism to clear rainwater.
III. Petitioners mentioned that this case is pending for the past two years but no
efforts for the redressal of the issue have been observed.
IV. DHA and Clifton residents had also filed a petition seeking an effective
infrastructure for the sewerage and drainage system in the area, and
compensation for the damages to the lives and properties suffered by the
residents during the monsoon rains of 2020.
V. That the petitioners also asked for the details of the existing drainage
infrastructure maps as well as the requisite support and assistance for such
purpose.
VI. They said that the city’s people, including DHA and Clifton residents, had to
suffer losses worth millions of rupees due to catastrophic flooding after the
rains.
VII. That heavy rains had wreaked havoc on the city, and the authorities
responsible for handling the situation had failed to perform their duties.
VIII. They said that there was a complete failure on the part of the Karachi
Metropolitan Corporation, the Cantonment Boards, the Karachi Water &
Sewerage Board, the Sindh Solid Waste Management Board and DHA
(Respondents).
IX. They pointed out that those authorities had been receiving millions of rupees
in taxes under different heads but they had been spending nothing on the
drainage infrastructure of the city.
 PRAYER

In view of the above, the Petitioners respectfully pray that this Honourable Court may be
pleased to;

A. Direct them that there should be a complete audit of the amount being received by
those civic bodies because nothing was being spent on the maintenance of the
sewerage infrastructure.
B. Direct them to form a committee which conducts a comprehensive evaluation in
respect of the drainage infrastructure, and directions for the DHA and Cantonment
Boards to take all necessary steps to construct efficient drainage systems in their
respective jurisdictions.
C. It said that the extreme flooding conditions in 2020 and 2022 in Karachi in general
and DHA in particular were the recent examples of flooding due to lack of
planning and maintenance of storm water drainage system of a cosmopolitan city.
D. It is humbly prayed that instant writ petition may kindly be accepted and any other
relief which this Honourable Court deems fit and appropriate may kindly also be
granted.

PETITIONER

(Through his attorney)

Karachi

Dated: 30.09.2022 ADVOCATE FOR PETITIONERS

(Ramish Khan)
 VERIFICATION

I, Nabeel Ahmed Khan Son of Syed Mohammad Yousuf, Muslim, Adult, resident of

H. No. 5, Khayaban-e-Shujaat, DHA, Phase 1, Karachi, holding National Identity

Card No: 42301-0852808-7, do hereby solemnly affirm and verify on oath at this 30th

day of September, 2022 that whatever is stated herein above is true and correct to the

best of my knowledge and belief.

DEPONENT