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NWFP's Claim for Royalty from Ghazi Barotha Project
Fateh Ullah Khan
Former Chairman IRSA
itsonlyme109@hotmail.com
Publishing Date: Thursday, April 24 2003
NWFP is therefore severely affected and feels deprived of its inherent rights by the inequitable, unjust and one sided constitutional provision to grant royalty to the province (Punjab) only for the powerhouse location, ignoring the ‘Head Works Complex’ in NWFP. The one sided royalty provision for powerhouse location alone is also inconsistent with the fundamental rights for its inequality and for depriving the people of NWFP of their water rights by diverting its natural course. It is therefore void in view of article 8 of the constitution. It therefore needs urgent amendment to give NWFP its rightful share in royalty for the location of the Head Works Complex and also to adequately compensate for depriving it of water from the natural source of supply, i.e., the Indus River during the winter months.
GBHP is not a storage dam like Tarbela or Kalabagh or Mangla with powerhouse located just below it. On the contrary, GBHP spans the two provinces of NWFP and Punjab. It affects NWFP many times more by the location of the cardinal project components of ‘Head Works’ and by the diversion of Indus River water injuring the interest of NWFP. These are two different issues for which NWFP lodges complaint. In one case the interests of the inhabitants of NWFP are affected in water from the natural sources supply, i.e., the Indus River and in another case, NWFP demands its just share in royalty for the location of the ‘Head Works’.
Equality before law and justice demands that royalty must be shared between the provinces in proportion to the components of the project, their contribution, importance, function and role besides giving weight-age to the permanently adverse effects of water diversion on the inhabitants of the area and for interference with the water rights of the people. Inequitable law will be the source of hatred and dispute. Therefore, the law for royalty must be equitable otherwise it will be the law of the jungle that will defame the lawmakers and the government and infuriate the people of the deprived province.
Tarbela reservoir is a vital component of GBHP and without its specific support and operation the GBHP will not be able to generate 1450 MW of power only on run of river. In winter months, the river discharge reduces to about 10500 cusecs. It will therefore hardly generate 290 MW of power even after diverting the entire flow of the Indus River. Therefore it depends on the support of Tarbela reservoir, the Ghazi Barrage and its pond.
Besides the issue of royalty, the inhabitants of NWFP will badly suffer due to water famine conditions created during the low supplies in winter months on the diversion of Indus River flow – the natural source of supply of water by Ghazi Barrage. As such, all discharges of the Indus ranging between 10500 cusecs to 56500 cusecs will completely be diverted from its natural course. As a result, the Indus River bed below Ghazi barrage will become dry for several months. The Indus water will only flow downstream of Ghazi barrage when its discharge is more then 56500 cusecs.
The diversion of water will create drought and water famine conditions in a reach between Ghazi barrage and Attock gorge till Barotha outfall, a distance of 50 km. The diversion of the Indus River flow from its natural course to produce power is interference in the natural source of supply of water that is going to affect prejudicially the inhabitants of the area, their water rights and economy. Moreover, ignoring NWFP also from power royalty and providing it to Punjab where only the powerhouse portion is located is great injustice and violates article 25 of equality before law. Besides this, no compensation is given to NWFP for depriving its inhabitants from the use of Indus river water for a period of about 5 to 6 winter months a year in the two districts of Swabi and Nowshera along with the bank of the River Indus.
The authorities like WAPDA, IRSA, ECNEC and the Government of Pakistan have failed to exercise their powers and were unable to protect the interest of NWFP under the relevant laws. They could not protect the rightful use of water by NWFP in winter months to run in its natural course. NWFP is not compensated for all these permanent losses, sacrifices, and major contributions.
In view of these deprivations and inequality, the Government of NWFP on behalf of the inhabitants of the affected areas lodged this complaint under the provision of Article 155 (1) (a) (b) and 155 (2) of the Constitution supported by articles 8 and 25. The demand of the NWFP is to give 90% share in royalty from GBHP and to adequately compensate the inhabitants of the affected area for interference in water supplies and for other losses depriving them of their livelihood as they have river based economy.
The following information is provided to the Commission to be appointed by the president under article 155 (20 to know that the diversion of Indus water from its natural source ranging from 10500 cusecs to 56500 cusecs during the five winter months will be at the cost and sufferings of the inhabitants of the affected areas. The Indus River below Ghazi Barrage will become totally dry in winter during this period. The water famine conditions will create multiple damages of irreversible nature, disrupting the traditional direct irrigation. It will deprive the inhabitants of drinking water facilities, fishing, and transportation by boats and thus ruin its economy. It will badly affect animal life, plants the way of life along the river bank, the eco system, the flora and fauna and the environment. The river based business and the livelihood of large number of the inhabitants would adversely be affected, bringing poverty to the area.
GBHP has created two separate issues. NWFP's claims for its rights and compensation for both issues. One is that the Commission would evaluate the permanent nature of losses due to river water diversion in the light of article 155 (1) (a) (b) and 155 (2) of the constitution. The other is to give 90 % royalty to NWFP for the location of the Head Work Complex of GBHP as due to this facility 1450 MW of power is generated. In equal treatment by law is violation of fundamental rights as per article 8 and is discrimination by law in violation of article 25 of the constitution. GBHP is the source of both these issues.
WAPDA failed to obtain recommendations from IRSA for the assistance of ECNEC under sections 8(d) (g) of the IRSA Act and clause 14(C) of the Water Accord for the availability of water for the new water project to produce power and for water account and for the operation of the Tarbela Reservoir during the low flow season as GBHP cannot produce 1450 MW of power on run of river. There would be some unaccounted wastage of water due to evaporation, leakage and seepage in the new canal carrying a huge discharge of 56500 cusecs that needs to be worked out and accounted for. Therefore WAPDA, IRSA, ECNEC and the government of Pakistan have failed to exercise their respective powers to protect the traditional water rights of the inhabitants of NWFP. All this is in violation of article 155(1) (a) (b) and 155(2) of the constitution, the article 8 regarding fundamental rights and article 25 for the equality before law and the IRSA Act and the Water Accord. Royalty from GBHP is therefore the prior and intrinsic right of NWFP for its sacrifice and contribution to locate the project Head Works Complex. It therefore claims 90% royalty plus whatever other compensation the Commission works out. Necessary amendment may please be carried out in the Constitution.
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