1988 PLP 1615 (CLC)
KADIR BAKHSH‑‑Petitioner Versus WAPDA and others‑‑Respondents
| Citation | 1988 PLP 1615 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Zahoorul Haq and Abdul Razzak A. Thahim, JJ |
| Parties | KADIR BAKHSH‑‑Petitioner Versus WAPDA and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1988 PLP 1615 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1615 (CLC)?
The case was heard and decided by the Karachi bench comprising: Muhammad Zahoorul Haq and Abdul Razzak A. Thahim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1615 (CLC) (KADIR BAKHSH‑‑Petitioner Versus WAPDA and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
(a) Electricity Act (X of 1910)‑‑ ‑‑S. 14‑‑‑Installation of electric poles‑‑Electricity, being for benefit all and WAPDA having authority of putting poles in different Places, held, could not be restrained from putting electric lines on fixed on petitioner's land as same would be against public interest‑‑If petitioner wanted that any particular person should not be supplied electricity from those poles then petitioner should have impleaded that person as respondent‑‑Compensation however had to be offered to owners of land where poles were fixed. (b) Electricity Act (X of 1910)‑‑ ‑‑‑S. 14 (2)‑‑Installation of electric poles‑‑Compensation to affected persons‑‑Duty of WAPDA‑‑Even if no application for demand of compensation was made by petitioner on whose land poles for supply of electricity were fixed, WAPDA, held, should have offered compensation to petitioner otherwise WAPDA could be burdened with responsibility of illegal action.
Judgment & Decree
(a) Electricity Act (X of 1910)‑‑ ‑‑S. 14‑‑‑Installation of electric poles‑‑Electricity, being for benefit all and WAPDA having authority of putting poles in different Places, held, could not be restrained from putting electric lines on fixed on petitioner's land as same would be against public interest‑‑If petitioner wanted that any particular person should not be supplied electricity from those poles then petitioner should have impleaded that person as respondent‑‑Compensation however had to be offered to owners of land where poles were fixed. (b) Electricity Act (X of 1910)‑‑ ‑‑‑S. 14 (2)‑‑Installation of electric poles‑‑Compensation to affected persons‑‑Duty of WAPDA‑‑Even if no application for demand of compensation was made by petitioner on whose land poles for supply of electricity were fixed, WAPDA, held, should have offered compensation to petitioner otherwise WAPDA could be burdened with responsibility of illegal action. MUHAMMAD ZAHOORUL HAQ, J.‑‑According to the comments of the respondent, WAPDA the electric poles had already been installed on the site. However, they are to be strengthened by the cementation. It would not be reasonable to stop the cementation of the electric poles as the electricity is for the benefit of all. Under section 14 of WAPDA Act, the WAPDA has the authority of putting the poles in different places. It is, however, a different matter that the compensation has to be offered to the owners of the land, where the poles are fixed We, therefore, do not restrain the WAPDA from putting the electric lines oh the poles as the same would be against the public interest. If the petitioner wants that any particular person should not be supplied electricity from those poles, then the petitioner should implead that person as respondent in this petition and then alone the petitioner's grievance could be redressed. There is no application before us for the demand of compensation, but it is only fair that the WAPDA should have offered the compensation to the petitioner as provided in section 14(2), otherwise they could be burdened with the responsibility of illegal, action. This disposes of Miscellaneous 470 of 1987. H.B.T./K‑76/K Order accordingly