Nagarparkar court issues absolute order in Karoonjhar hill cutting case

FWO Kohnoor Marble asked to remove machinery unconditionally

Police directed to report compliance report every moth to the court

MITHI Jan 07,2022- Judicial Magistrate and Civil Judge Nagarparkar has reaffirmed its conditional judgement in the cutting of Karoonjhar case and issued absolute order directing the Kohnoor Marble Industries Karachi  and Frontier Works Organisation – FWO to stop cutting of mountain and remove machinery.

The court heard Barkat Ali Maitlo the lawyer of Kohnoor Marble Industries Karachi and Frontier Works Organisation.

Judicial Magistrate Karam Ali Shah after hearing the case reaffirmed his earlier order  of December 28,2021.

The court order said Respondent No 1 and 2 (Kohnoor Marble Industries Karachi and Frontier Works Organisation besides filing objections on the question of law did not avail the opportunity of jury and evidence voluntarily, which was insufficient that could not satisfy the court to recall its conditional order.

Apart from this, you both respondents No.  1& 2 ( FWO and Kohnoor Marble industries claim publicly that you  are  legally  entitled  for  cutting  and  lifting  the  stone  from  Karoonjhar Mountain Ranges but you both do not disclose the lease agreement, survey reports, boundaries or any other document  including  its  terms and conditions.  Besides,  you do not bother to reveal the NOCs   taken from Environmental Protection Agencies, wildlife  department,   Forest  Department,  Culture &  Tourism Department and Defence Ministry  of the Pakistan which are mandatory  pre-requisite  before starting the work if one is legally allowed and even you are realizing the responsibility of’ post- requisite mention in whole Sindh  Mining  Concession  Rules  2002  and  in  other relevant laws.

Civil judge stops cutting mountain in Karoonjhar hill range

That you respondent No 1 and 2 – FWO and Kohnoor Marbles are not maintaining the record which is mandatorily required under article 5S SMCR  2002  where  from  the  details  of deposited revenue in Government  treasury could be found  along with  the details of the money  transaction taken  away by private persons  by selling the state base assets. The illegal practice is being carried out for number of years on and off with short intervals without following the standard operating procedures promulgated by the constitution of Pakistan under both provincial and federal governments’ codification.

From above discussion it is observed that Karoonjhar  has been dealt by all you respondents as ordinary mountain which is rich with stone only and it ought to be utilized only in one dimension, the dimension of construction but sorely it is the construction of one building or other but at the same time destruction of whole society and ecosystem. No one from above official respondents has taken effort to find actual importance of it; no one has come forward to dig out the multiplicity of its benefits. The reality is totally different as it is not just mountain but collective source of satisfied, certain and secure life. This mountain range is at the same time tourism, culture, heritage, the religious attachment irrigation, agriculture,

defense, livelihood, the preservation of wildlife , forest with full greenery and much more.

The order further said that now court has reached at conclusion that cutting of the mountain range Karoonjhar is the pure act of public nuisance and it is nuisance of large scale, because it is only sources of life of two lac people of Nagarparkar, 1t seems that his mountain not exist only on earth whereas it also exists in the hearts of the people, when someone cuts this mountain not only all senses of inhabitants becomes hurt and harm, but their deep rooted feelings also and same has been discussed in conditional order dated  28 12 202. So Respondent No. 1  & 2  (Kohnoor Marble Industries Karachi  and Frontier Works Organisation – FWO are unconditionally directed to remove all machinery forever and stop your workign on all ranges of the mountain and any disobedience of the order of this court would bring the relevant  law of  188 PPC in motion against you  all and  Respondent  No 3 to 5  – SHO Police Nagarparkar, the SHO Dano Dhandal,  Senior Superintendent of Police, Tharparkar at Mithi being law enforcing agencies are strictly directed to make visible compliance of this order and submit  same  report  before  this  court  in  the first  week  of  every  month  in  future,  otherwise it would be deemed that you all are in accomplice and same disobedience would constitute against you and let the copy of order be supplied to all respondents for necessary compliance hence this absolute order is announced accordingly.

(Foto courtesy Karoonjhar Photography)

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