| Case ID |
37f41a64-309f-4308-ae21-670255e22a90 |
| Body |
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| Case Number |
C.R. No. 1042 of 2006 |
| Decision Date |
Sep 29, 2006 |
| Hearing Date |
Sep 29, 2006 |
| Decision |
The Lahore High Court set aside the appellate court's order that had allowed the respondent's application for a temporary injunction, maintaining the trial court's dismissal of the application. The respondent was unable to prove entitlement to draw irrigation water from the reclamation shoot due to lack of sanction, as the previous approvals had expired. The court emphasized that any extension of the reclamation supplies is exceptional and requires prior approval from the Chief Engineer, which was not presented in this case. Thus, the appellate order was deemed legally unsustainable. |
| Summary |
In the case of C.R. No. 1042 of 2006, the Lahore High Court addressed a dispute regarding the entitlement of SYED MUHAMMAD HASSAN to draw irrigation water from a reclamation shoot. The court examined the provisions of the Civil Procedure Code (V of 1908), specifically O.XXXIX, R.1 and R.2 concerning temporary injunctions. The case revolved around whether the respondent had a valid sanction to access the water, as the petitioners, representing the Province of Punjab, argued that no such sanction existed. The court highlighted the importance of adhering to the reclamation policy set by the Irrigation Department, which stipulates that water supplies for reclamation are temporary and valid for a maximum of three years. The court found that even if reclamation supplies were sanctioned in 1992, they would have expired by 1995, and no evidence was presented to suggest an extension of that sanction. Consequently, the appellate order was set aside, and the trial court's dismissal of the respondent's application for a temporary injunction was upheld. This case underscores the critical aspects of legal entitlements related to water rights and the necessity for proper documentation and approvals in reclamation schemes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA
|
| Lawyers |
Ms. Seema Munawar, Government Pleader,
Naseer Ahmed
|
| Petitioners |
PROVINCE OF PUNJAB THROUGH COLLECTOR HAFIZABAD AND 3 OTHERS
|
| Respondents |
SYED MUHAMMAD HASSAN
|
| Citations |
2007 SLD 1227,
2007 MLD 1266
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XXXIX,
R.1,
R.2
|