HYDERABAD ELECTRIC SUPPLY COMPANY vs UNIVERSITY OF SINDH and others
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the judgment of the High Court. The core legal questions examined are whether the High Court was justified under Article 199 of the Constitution of the Islamic Republic of Pakistan in directing the Revenue Department to initiate land acquisition proceedings regarding disputed land allegedly occupied by the petitioner for installing an electric transmission line pole, while ignoring section 14 of the WAPDA Act 1958, and whether the respondents' petition before the High Court suffered from laches. The Supreme Court granted leave to appeal to examine these questions.
- Whether the High Court under Article 199 of the Constitution was justified in directing land acquisition proceedings for land allegedly occupied by electric poles?
- Does the installation of electric poles by WAPDA attract the provisions of section 14 of the WAPDA Act 1958?
- Whether a constitutional petition before the High Court is liable to dismissal on the ground of laches?
- Article 199, Constitution of Islamic Republic of Pakistan
- Section 14, WAPDA Act 1958
ORDER
1. 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.