IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT:  
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE FAISAL ARAB 
MR. JUSTICE IJAZ UL AHSAN 
 
 
CIVIL MISC. APPLICATION NO.230 OF 2019 IN SUO 
MOTU CASE NO.26 OF 2018 AND CIVIL MISC. 
APPLICATIONS NO.4479, 4955 AND 4956 OF 2019 IN 
CIVIL MISC. APPLICATION NO.230 OF 2019 IN SUO 
MOTU CASE NO.26 OF 2018 AND CIVIL REVIEW 
PETITIONS NO.109, 150 TO 153, 165, 214 TO 226 OF 
2019 IN SUO MOTU CASE NO.26 OF 2018 AND CIVIL 
MISC. APPLICATION NO.2072 OF 2019 IN CIVIL 
REVIEW PETITION NO.NIL OF 2019 IN SUO MOTU 
CASE NO.26 OF 2018 
(Regarding selling of Bottled Water extracted from the 
ground without any charge and its fitness for Human 
Consumption) 
 
AND 
 
CIVIL PETITIONS NO.1195, 1196, 1197 AND 1322 OF 
2019 
 
Water and Sanitation Agency, Lahore through its Managing 
Director  
 
…Petitioner(s) 
(In all cases) 
VERSUS 
Lotte Akhtar Beverages (Pvt.) Ltd., Lahore etc. 
In 
C.P.1195/2019 
Shezan International Ltd., Lahore etc. 
In 
C.P.1195/2019 
Coca Cola Beverages Pakistan Ltd., Lahore etc. 
In 
C.P.1195/2019 
Nestle Pakistan Ltd., Lahore etc. 
In 
C.P.1195/2019 
 
…Respondent(s) 
 
In attendance: 
Mr. Sajid Ilyas Bhatti, Addl.A.G.P. 
Mr. Tariq Mehmood Jehangiri, A.G. Islamabad 
Mr. Qasim Chohan, Addl.A.G. Punjab 
Barrister Qasim Wadood, Addl.A.G. KPK 
Mr. Ayaz Swati, Addl.A.G. Balochistan 
Mr. Zahid Nawaz Cheema, ASC 
C.M.A.No.230/2019 etc.  
-: 2 :-
Mian Abdul Rauf, ASC 
Mian Irfan Akram, ASC 
Mr. Khalid Javed Khan, ASC 
Mr. Qasim Mirjat, AOR 
Mr. Suleman Akram Raja, ASC 
Mr. M. Munir Paracha, ASC 
Mr. Hassan Irfan Khan, ASC 
Mr. Munawar-us-Salam, ASC 
Mr. Iftikhar Ahmed Mian, ASC 
Mr. Farooq Amjad Meer, ASC 
Mr. Gulzar Begum, ASC 
Mr. Sikandar Bashir Mohmand, ASC 
Mr. Gohar Ali Khan, ASC 
Dr. M. Ahsan Siddiqui, Head of Committee 
Mr. Ashiq Ali, Director SEPA 
Mr. Shahbaz Ahmed Sheikh, Law Officer Finance 
Punjab 
Mr. M. Ramzan, A.D. Legal EPA 
Dr. Zubair Khan, in person 
Syed Zahid Aziz, M.D. WASA Lahore 
Mr. Aamir Latif, Secy. Industry KPK 
Mr. Rahim Ullah, S.O Local Govt. KPK 
Mr. Wajhat A. Qureshi, Executive Vice President, 
NBP 
Mr. M. Ali Bator, Acting Dir. EPA Balochistan    
 
 
Date of hearing: 
02.07.2019 
 
ORDER 
 
 
 
We have heard the learned Additional Attorney 
General, the Advocate General ICT and the Additional 
Advocate General Balochistan, KP and Punjab, Dr. M. 
Ahsan Siddiqui, Chairman of the Coordination Committee 
constituted by this Court and M.D, WASA, Lahore. The 
following observations are made about the proceedings at 
the hearing.  
2. 
 
The Additional Attorney General informs that 
the Law Officers of the Federation, ICT and the Provinces 
have 
discussed 
draft 
legislation 
for 
uniform 
C.M.A.No.230/2019 etc.  
-: 3 :-
implementation of the water cess through legislative 
measures. It is clarified that the uniform law is intended 
to cater not just ground water but also surface water 
usage. 
Whereas 
water 
has 
several 
categories 
of 
consumers, inter alia, agricultural, domestic, commercial 
and industrial users, nevertheless presently the focus of 
the proposed legislation for the charge and collection of 
water cess shall be the industrial users. The ambit of the 
proposed regulatory law for water conservation shall be 
extended gradually to other categories of consumers. The 
learned Attorney General and the Provincial and ICT Law 
Officers have assured the Court that a consensually 
proposed Model Law shall be filed in the Court within one 
month.  
3. 
 
The Court has earlier directed the installation 
of flow meters at the industrial units where bottled 
drinking water or other beverages are prepared for 
measuring the volume of water that is consumed, utilized 
and wasted. The Government of Punjab has sought three 
weeks time to install flow meters along with CCTV 
cameras and monitors at all units in the Province. The 
other Provinces have also made progress in this regard but 
are not equipped with data. Accordingly, six weeks time is 
granted to the Provinces and ICT for installing the 
requisite flow meters, the specifications and data about 
C.M.A.No.230/2019 etc.  
-: 4 :-
which shall be shared by them with the Coordination 
Committee.  
4. 
 
This Court has previously directed the water 
cess funds to be invested in the National Bank of Pakistan 
(“NBP”). Such funds have been deposited by all the 
Provincial Governments and ICT in accounts established 
with the NBP which has filed CMA No. 6617 of 2019 to 
seek directions regarding the deposited funds. At this 
stage, whilst the water cess collection mechanism is under 
finalization, it is directed that all funds of the water cess 
shall be deposited by the Provincial and ICT governments 
in the NBP account established by them under the title 
“Water Conservation Account” in one of the authorized 
branches of the NBP. Upon deposit the NBP shall 
forthwith transfer such funds from its respective branches 
to the Head Office Account bearing the title Principal 
Water Conservation Account (“Principal Account”). All 
funds credited to the Principal Account shall be invested 
immediately in the best available NBP investment scheme 
on a daily balance basis for onward recurring investment 
in 03 months treasury bills at the first available biweekly 
auction by the State Bank of Pakistan. The funds 
deposited with the NBP shall be reported to the Court 
through monthly statements providing the details of the 
depositor agencies, the amount of deposit, date thereof 
C.M.A.No.230/2019 etc.  
-: 5 :-
and profit accrued on daily basis; the date of transfer to 
Principal Account, its investment and maturity value in 
Treasury Bills and the dates thereof. It may be noted at 
this juncture that Government of Punjab has already 
deposited an amount of Rs.380/- million in the Principal 
Account, the Government of KP has deposited Rs.15.5/- 
million and the Government of Balochistan has deposited 
Rs.2.7/- million in the said account. The Government of 
Sindh is not represented today as also on the last date of 
hearing. It is directed that on the next date of hearing, the 
Advocate General, Sindh shall personally assist the Court 
duly prepared in respect of the matters in issue otherwise 
the Chief Secretary, Government of Sindh shall be in 
attendance to assist the Court.  
5. 
 
Be that as it may, Dr. M. Ahsan Siddiqui, 
Chairman of the Coordination Committee has informed 
that roughly an amount of Rs.70-75/- million has been 
deposited by the Government of Sindh in the NBP under 
the heading of water cess. It is directed that the respective 
Governments of the Provinces and the ICT shall convert or 
open accounts under the afore-mentioned title “Water 
Conservation Account” in the concerned NBP branches 
from where such funds shall forthwith be transferred to 
the Principal Account for investment in the terms directed 
by the Court. The charging of, transfer, disbursement and 
C.M.A.No.230/2019 etc.  
-: 6 :-
use of such funds shall be subject to orders of this Court. 
The compliance reports by each of the Provinces and the 
ICT with respect to the foregoing discussion shall be filed 
before the next date of hearing. 
6.  
 
Dr. 
M. 
Ahsan 
Siddiqui 
has 
expressed 
admiration for the Faisalabad plant which filters and 
cleanses canal water to supply pure drinking water. The 
Provincial Governments shall apprise whether they have 
received offers of foreign assistance for establishing such 
plants and if so, their responses thereto. The details of the 
Faisalabad project are available in CMA No.5588/2019. 
Further technical and financial details about the said 
project as well as its smaller variants shall be filed by the 
Punjab Government with disclosure of the foreign sponsor 
and its terms of assistance. Comment shall also be made 
on 
the 
feasibility 
of 
such 
smaller 
projects. 
This 
information may be helpful for the other Governments in 
understanding and for adopting, the concept and 
technology enabling the project. The Court is inclined that 
in the first place the available funds be deployed in areas 
that are severely deficient in clean drinking water, for 
example desert lands in District Tharparkar e.g Mithi and 
such like areas in Balochistan Province where canal water 
may be procured for supply to drinking water treatment 
plants installed for public consumption. The Law Officers 
C.M.A.No.230/2019 etc.  
-: 7 :-
of Balochistan and Sindh Provinces shall apprise the 
Court about the areas where unavailability of drinking 
water may be redressed by such water treatment plants.  
7. 
 
The concerned urban water supply agencies 
throughout the country shall consider the framing of 
regulations and or executive directions that mandate the 
installation of push-button faucets at water supply points 
in all public and commercial premises. The proposed 
means, 
mechanism, 
incentives 
based 
on 
locally 
manufactured equipment and penalties for enforcing the 
regulatory measures shall be presented in writing to this 
Court before the next date of hearing.  
8. 
 
Finally, the Provinces and ICT shall share their 
experiences and knowledge about simple, cost efficient 
methods for rain harvesting and for recycling used water. 
These shall also be brought to the notice of the Court on 
the next date of hearing.  
 
 
Relist on 26.08.2019.               
 
    
   
Judge 
 
 
Judge 
 
 
Islamabad   
 
 
 
 
 
 Judge 
02.7.2019 
Naseer  
 
