| Case ID |
2afa6247-e967-476b-8247-48e408174b17 |
| Body |
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| Case Number |
Writ Petition No. 43 of 1954 |
| Decision Date |
Feb 09, 1955 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioner, Maulvi Tamizuddin Khan, declaring the amendments to the Canal and Drainage Act and the Punjab Minor Canals Act as ultra vires. The court emphasized that the right to compensation for the use of water in private canals is a fundamental right protected under section 299 of the Government of India Act, 1935. The amendments were found to violate this provision as they effectively nullified the compensation rights previously established under the original acts. The court's decision underscored the importance of ensuring that legislative amendments do not infringe upon the established rights of individuals, particularly regarding property and compensation. As a result, the Collector was directed to assess compensation according to the provisions of the original acts, reaffirming the necessity for legislative compliance with constitutional mandates. |
| Summary |
The case of Maulvi Tamizuddin Khan vs. the Federation of Pakistan involves significant legal principles regarding property rights, compensation, and legislative authority. The petitioner challenged amendments to the Canal and Drainage Act and the Punjab Minor Canals Act, arguing that they violated his rights to compensation for the use of his private canals. The Sindh High Court ruled that the amendments were ultra vires, emphasizing that the right to compensation is a constitutional right under section 299 of the Government of India Act, 1935. The court's decision reinforces the necessity for legislative acts to adhere to constitutional provisions, particularly in relation to property rights and compensation frameworks. This case highlights ongoing issues surrounding water rights, public duty versus tortious acts, and the balance of power between government legislation and individual rights, making it a pivotal case in the realm of administrative and property law. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Pakistan,
Punjab Government
|
| Judges |
Justice Constantine,
Justice Muhammad Bakhsh
|
| Lawyers |
D. N. Pritt,
I. I. Chundrigar,
Vahid-ud-Din Ahmad,
Manzar-e-Alam,
Sharif-ud-Din,
Muhammad Naseem,
Homi P. Nocilwala,
Faiyaz Ali, Advocate-General of Pakistan,
Abdul Haq,
Manzur Qadir,
Muhammad Ismail Bhatti
|
| Petitioners |
Maulvi Tamizuddin Khan
|
| Respondents |
Federation of Pakistan,
Estate Officer, Government of Pakistan,
Muhammad Ali, Prime Minister of Pakistan,
Chaudhri Muhammad Ali, Member, Council of Ministers,
Major General Iskander Mirza, Member, Council of Ministers,
M. A. H. Ispahani, Member, Council of Ministers,
Dr. A. M. Malik, Member, Council of Ministers,
Dr. Khan Sahib, Member, Council of Ministers,
General Muhammad Ayub Khan, Member, Council of Ministers,
Ghyasuddin Pathan, Member, Council of Ministers,
Mir Ghulam Ali Talpur, Member, Council of Ministers
|
| Citations |
1955 SLD 50,
1955 PLD 96
|
| Other Citations |
AIR 1927 P C 176,
AIR 1947 P C 197,
P L D 1947 PC 160,
AIR 1949 PC 143,
AIR 1949 Mad. 416,
AIR 1949 Mad. 214,
I L R 38 Cal. 797,
AIR 1938 Nag. 415,
AIR 1943 Bom. 138,
AIR 1934 Pat. 701,
AIR 1942 Cal. 343,
I L R 27 Bom. 189
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (1 of 1877),
Punjab Minor Canals Act (III of 1905),
Government of India Act, 1935
|
| Sections |
80,
56(d),
55,
42,
2(3),
299
|