SCMR 2011

2011 PLP 190 (SCMR)

HYDERABAD ELECTRIC SUPPLY COMPANY — Petitioner Versus UNIVERSITY OF SINDH and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
C.P.L.A. No. 563-K of 2009, decided on 21st June, 2010.
Honorable Judges
Anwar Zaheer Jamali, Khilji Arif Hussain and Ghulam Rabbani, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 PLP 190 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Anwar Zaheer Jamali, Khilji Arif Hussain and Ghulam Rabbani, JJ
Parties HYDERABAD ELECTRIC SUPPLY COMPANY — Petitioner Versus UNIVERSITY OF SINDH and others — Respondents
Primary Law Pakistan Water and Power Development Authority Act (XXXI of 1958)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 PLP 190 (SCMR)?

This judgment primarily cites: Pakistan Water and Power Development Authority Act (XXXI of 1958) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 PLP 190 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Anwar Zaheer Jamali, Khilji Arif Hussain and Ghulam Rabbani, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 PLP 190 (SCMR) (HYDERABAD ELECTRIC SUPPLY COMPANY — Petitioner Versus UNIVERSITY OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Pakistan Water and Power Development Authority Act (XXXI of 1958)

Representation

  • Abdul Latif Ansari, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner.
  • Abdul Mujeeb Pirzada, Senior Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Respondent No.1.

Headnotes / Summary

(On appeal from order of High Court of Sindh, Karachi dated 6-5-2009 passed in C.P. No. D-88 of 2007-HYD).

S. 14

Land Acquisition Act (I of 1894), S. 50

Constitution of Pakistan, Arts.199 & 185(3)

Leave to appeal was granted inter alia, to examine whether the High Court, in exercise of its jurisdiction under Article 199 of the Constitution, was justified in issuing directions to the Revenue Department for initiating land acquisition proceedings in respect of the disputed land of the respondents, allegedly occupied by the petitioner by way of installation of electric pole of transmission line, thereby ignoring the provisions of S.14 of the WAPDA Act, 1958, and further to examine whether the constitutional petition preferred by the respondents before the High Court, did not suffer from laches.

Judgment & Decree

ANWAR ZAHEER JAMALI, J.

Leave to appeal is granted in this petition, inter alia, to examine whether the High Court, in exercise of its jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, was justified in issuing directions to the Revenue Department for initiating land acquisition proceedings in respect of the disputed land of the respondents, allegedly occupied by the petitioner by way of installation of electric pole of transmission line, thereby ignoring the provisions of section 14 of the WAPDA Act 1958, and further to examine whether the petition preferred by the respondents before the High Court, did not suffer from laches. H.B.T./H-7/SC Order accordingly.