2008 PLP 41 (SCMR)
KARACHI WATER AND SEWERAGE BOARD through Chairman and another — Petitioners Versus MUHAMMAD AJMAL — Respondent
| Citation | 2008 PLP 41 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Hamid Ali Mirza, JJ |
| Parties | KARACHI WATER AND SEWERAGE BOARD through Chairman and another — Petitioners Versus MUHAMMAD AJMAL — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 41 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 41 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 41 (SCMR) (KARACHI WATER AND SEWERAGE BOARD through Chairman and another — Petitioners Versus MUHAMMAD AJMAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abrar Hassan, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- 3. We have heard Mr. Abrar Hasan, learned Advocate Supreme Court for the petitioners and gone through the impugned judgment as well as the record.
Headnotes / Summary
(On appeal from the judgment, dated 4-3-2006 in C.P. No.D-197 of 2000 passed by the High Court of Sindh, Karachi).
Art. 185(3)
Demand of water charges without actual supply of water
Water Board had sought leave to appeal against judgment of the High Court allowing respondent's constitutional petition calling in question the demand of the water charges without actual supply of water
High Court was of the opinion that as no water was supplied petitioner-Board could not recover the fee or charge on their account
Demanded amount in the. notice to the extent of water charges accordingly was struck down declaring that respondent was liable to pay other charges as claimed in the impugned demand notice
Contention of petitioner-Board was that in view of Gazette notification issued by the government dated 27-3-1996, it was entitled to recover water charges irrespective of the fact whether the water was supplied directly or indirectly within the limits of petitioner's Board
Counsel for Board had brought on record two leave granting orders in that respect
Since identical questions had been raised in the petition, consistent with the practice of the Supreme Court and in order to avoid any conflict of judgments, leave was granted against impugned judgment of the High Court to examine the questions raised therein. Nazir Ali v. Karachi Water and sewerage Board 2004 CLC 578 23 and All Pakistan Textile Mills Association v. Province of Sindh 2004 YLR 192 ref.
Judgment & Decree
RANA BHAGWANDAS, J.
Petitioners seek leave to appeal against Sindh High Court judgment dated 4-3-2006 allowing respondent's constitutional petition calling in question the demand of the water charges without the actual supply of water.
2. In the operative part of the judgment High Court relying upon earlier judgment of Division Bench has held that admittedly no water was being supplied to the respondent by " the petitioner-Board, High Court was of the opinion that as no water was supplied, Karachi Water and Sewerage Board could not recover the fee or charge on their account. Accordingly demanded amount in the notice to the extent of water charges was struck down declaring that the respondent was liable to pay other charges as claimed in the impugned demand notice.
3. We have heard Mr. Abrar Hasan, learned Advocate Supreme Court for the petitioners and gone through the impugned judgment as well as the record.
4. High Court appears to have taken into consideration the judgment reported as Nazir. Ali v. Karachi Water and Sewerage Board 2004 CLC 578 and All Pakistan Textile Mills Association v. Province of Sindh 2004 YLR
192. It is contended that in view of the Sindh Government Gazette Notification issued by the Government of Sindh, dated 27-3-1996, page 32 of the paper book, petitioner-Board is entitled to recover water charges irrespective of the fact whether the water is supplied directly or indirectly within the limits of the petitioner's Board. Learned counsel has brought to our notice two leave granting orders in C.P.L.As. Nos.662-K and 663-K of 2004, dated 13-7-2005 and the C.P.L.As. Nos.592-K and 593-K of 2005, dated 26-10-2005.
5. Since identical questions have been raised in this petition consistent with the practice of this Court and in order to avoid any conflict of judgment we grant leave to appeal against the impugned judgment of the High Court to examine the questions raised therein.
6. Appeal arising out of this petition shall be fixed for hearing along with connected appeals. H.B.T./K-3/SC Leave granted.