1988 CLC 1615

KADIR BAKHSH Versus WAPDA

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Citation1988 CLC 1615

CourtSindh High Court

Case No.Constitutional Petition No. D‑202 and Miscellaneous Application No. 470 of 1987

Date1987-03-31

Judge(s)Muhammad Zahoorul Haq and Abdul Razzak A. Thahim

Authored byMuhammad Zahoorul Haq

ResultOrder accordingly

ORDER

1. 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.

2. 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.

3. This disposes of Miscellaneous 470 of 1987.

4. H.B.T./K‑76/K Order accordingly