| Case ID |
2b49a30d-380e-4825-82c7-aa4a8110c670 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 771-L of 19 |
| Decision Date |
Dec 19, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the High Court's decision which set aside the modification of the Warabandi. The Court found that the order of the Divisional Canal Officer lacked justification, as it failed to provide valid reasons for changing the plaintiff's turn of water. The evidence indicated that the plaintiff, a small farmer, was adversely affected by the relocation of the water outlet, which required him to fetch water from a distance of five Killas. The High Court noted that the defendants conceded some justice to the plaintiff's claim, yet the necessary documentation related to the modification was not properly presented. Consequently, the appeal did not warrant interference with the High Court's well-reasoned judgment. |
| Summary |
This case revolves around the modification of Warabandi under the Canal and Drainage Act of 1873, where the Supreme Court of Pakistan addressed the issues faced by a small farmer due to the unjustified change in his water turn. The case highlights critical aspects of water rights and agricultural law in Pakistan, focusing on the need for proper documentation and justification by canal authorities when altering irrigation schedules. The decision reinforces the importance of equitable treatment for small farmers in the face of administrative decisions that can significantly impact their livelihoods. This ruling serves as a precedent in ensuring that modifications affecting agricultural water access are appropriately justified, ensuring fair practices under the law. Keywords such as 'Warabandi modification', 'irrigation rights', and 'Canal and Drainage Act' are essential for understanding the case's legal context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
HAKAM ALI
|
| Respondents |
4 others,
SHAH MUHAMMAD alias DEENA (deceased)
|
| Citations |
1994 SLD 847,
1994 SCMR 1631
|
| Other Citations |
Not available
|
| Laws Involved |
Canal and Drainage Act,
Constitution of Pakistan
|
| Sections |
68,
185(3)
|