| Case ID |
ffd0dcf6-273d-4bb4-a21c-7f92adf2b954 |
| Body |
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| Case Number |
Intra-Court Appeal No. 197 of 1993 |
| Decision Date |
May 24, 2001 |
| Hearing Date |
May 24, 2001 |
| Decision |
The appeal was dismissed with no order as to costs. The court found that the respondent-authority had the power and backing of law for the installation of electric poles and entering upon the land for erecting poles, laying wires to energize the towers for the supply of electricity. The actions of the respondent-authority were deemed to be in accordance with the law, and the appellant's claims were rejected. |
| Summary |
In this case, the Lahore High Court dealt with an intra-court appeal filed by Hakim Ali against the actions of the Water and Power Development Authority (WAPDA) regarding the installation of electric towers and entry upon his land. The appellant challenged the legality of these actions, arguing that they were unauthorized and violated his constitutional rights under Articles 4 and 24 of the Constitution of Pakistan (1973). The court examined various laws, including the Law Reforms Ordinance (XII of 1972), the Constitution of Pakistan (1973), the Pakistan Water and Power Development Authority Act (XXXI of 1958), and the Electricity Act (IX of 1910), to determine the authority and legality of WAPDA's actions. The court found that WAPDA had the legal authority to install electric poles and enter private land for this purpose, as these actions were backed by the relevant laws. The court also noted that the appellant had not raised certain constitutional arguments in the original writ petition, and thus, these claims could not be considered in the appeal. The court concluded that there was no contravention of law by WAPDA, and the appeal was dismissed. Keywords: Lahore High Court, WAPDA, electric poles installation, property rights, constitutional law, Law Reforms Ordinance, Electricity Act. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA
|
| Judges |
MAULVI ANWARUL HAQ,
MIAN HAMID FAROOQ
|
| Lawyers |
Malik Saeed Hassan,
Muhammad Ilyas Khan
|
| Petitioners |
HAKIM ALI
|
| Respondents |
MEMBER POWER, WAPDA and others
|
| Citations |
2002 SLD 2347,
2002 PLD 28
|
| Other Citations |
PLD 1989 Kar. 45,
PLD 1962 Lah. 925,
1989 CLC 1615,
1983 CLC 200,
PLD 1991 SC 715
|
| Laws Involved |
Law Reforms Ordinance (XII of 1972),
Constitution of Pakistan (1973),
Pakistan Water and Power Development Authority Act (XXXI of 1958),
Electricity Act (IX of 1910)
|
| Sections |
S. 3,
Art. 24(3)(e)(ii),
Arts. 4 & 24,
S. 14,
S. 12
|