| Case ID |
082a8462-a321-44bd-b6dc-8d5cf9896c14 |
| Body |
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| Case Number |
Regular Second Appeal No. 775 of 1968 |
| Decision Date |
Nov 25, 1989 |
| Hearing Date |
|
| Decision |
The Regular Second Appeal was accepted, and the impugned judgment/decree was set aside, resulting in the dismissal of the respondents' suit. The court held that the authorities could modify the old 'Warabandi' without a court decree and that the respondents had not been denied any vested rights. The satisfaction of the Canal Officer regarding the service of notice was deemed sufficient, and the respondents could not claim a right to 'Nikal'. |
| Summary |
In this landmark case adjudicated by the Lahore High Court, the issues revolved around the modification of 'Warabandi' under the Canal and Drainage Act (VIII of 1873). The case stemmed from an appeal by Saifur Rehman through his legal heirs, challenging a decision that allowed him exclusive 'Nikal' from a shared 'Mogah' for irrigation purposes. The court analyzed the provisions of Section 68 of the Act, which governs the distribution of water rights among landowners. The ruling emphasized that the authorities had the discretion to alter water distribution arrangements without requiring a decree from a competent court, provided there was a valid reason for change. The court dismissed the respondents' claims of insufficient notice and lack of vested rights. The judgment highlighted the complexity of irrigation law and the balance between individual rights and regulatory authority in water management. This case serves as a critical reference for similar disputes in the agricultural and legal fields, underscoring the principles of equitable water distribution and the role of judicial review in administrative decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHTAR HASSAN, J
|
| Lawyers |
M. Javed Butter,
C.M. Latif Rawn
|
| Petitioners |
SAIFUR REHMAN through Legal Heirs
|
| Respondents |
REHMAT ALI and 12 others
|
| Citations |
1994 SLD 1134,
1994 CLC 313
|
| Other Citations |
Shahab-ud-Din v. Muhammad Sharif and others P L D 1958 Lah. 333,
Barkat Ali and others v. Muhammad Yaqub 1981 C L C 1197,
Faqir Muhammad and others v. Ganda Singh and others A I R 1929 Lah. 260 1929 IC 116-311,
Sardar Balwant Singh and others v. Sardarni Basant Kaur and others A I R 1937 Lah 448,
Ghulam Nabi v. Ghulam Muhammad and others P L D 1971 Lah. 371,
Munshi Khan and others v. Sultan Ali Khan and others P L D 1951 Lah. 166,
Bura Mal v. Nur Ilahi and others A I R 1933 Lah. 76
|
| Laws Involved |
Canal and Drainage Act (VIII of 1873)
|
| Sections |
68
|