| Case ID |
1450f0f2-f2c4-4b09-859b-649534466e09 |
| Body |
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| Case Number |
Civil Appeal No. 235 of 1969 |
| Decision Date |
Nov 25, 1971 |
| Hearing Date |
Nov 03, 1971 |
| Decision |
The Supreme Court dismissed the appeal of Jamil Dad Khan, affirming the levying of special charges by the Canal Authorities for unauthorized use of canal water. The court found that the appellant was identified as responsible for the unauthorized irrigation. The court ruled that the provisions of section 33 of the Canal and Drainage Act were applicable, regardless of prior discharge in a related criminal case. The court emphasized that the newly substituted section provided clear liability for unauthorized irrigation, allowing for enforcement against identified individuals or those benefiting from such unauthorized use. The appeal was dismissed with no order as to costs. |
| Summary |
This case centers around the unauthorized use of canal water by Jamil Dad Khan, who was found to have installed a rubber syphon to draw water illegally. The Supreme Court of Pakistan addressed whether the Canal Authorities’ imposition of special charges under the Canal and Drainage Act was justified. The court ruled that the appellant was liable, regardless of his identification as the perpetrator of unauthorized irrigation. The court highlighted the importance of adhering to the provisions of the Canal and Drainage Act, especially following its amendment. This ruling reinforces the legal framework surrounding water rights and unauthorized usage in Pakistan, establishing a precedent for future cases involving similar infractions. Keywords such as 'Canal and Drainage Act', 'unauthorized water use', 'Supreme Court of Pakistan', and 'special charges' are crucial for understanding the legal implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD,
M. R. KHAN
|
| Lawyers |
Rana Muhammad Sarwar, Advocate Supreme Court,
Abid Nawaz Abid, Advocate-on-Record for Appellant,
Nazir Ahmad Khan, Advocate Supreme Court,
Rao Muhammad Yusuf, Advocate-on-Record for Respondents
|
| Petitioners |
JAMIL DAD KHAN
|
| Respondents |
another,
DIVISIONAL CANAL OFFICER, KHANWAH DIVISION MONTGOMERY
|
| Citations |
1971 SLD 395,
1971 SCMR 787
|
| Other Citations |
Not available
|
| Laws Involved |
Canal and Drainage Act (VIII of 1873),
Canal and Drainage (Punjab Amendment) Ordinance (XVIII of 1971)
|
| Sections |
33,
75,
33
|