Law: Specific Relief Act, 1877

Section: 56

Law: Constitution of Pakistan, 1973

Section: 165

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

Section: 3,3(2)

Limitation Act (IX of 1908)--- ----S. 26---Easement---Right of easement---Period for maturing of the easement right---Property, in the present case, was owned by WAPDA and not by the Federal Government, easement rights in respect of such property of a statutory body like WAPDA would mature after 20 years and not 40 years---Principles. Muhammad Rashid Bhatti v. K.D.A. and another PLD 1986 Kar. 130; Shahid Mehmood v. Karachi Electric Supply Corporation Ltd; 1997 CLC 1936; M/s Gadoon Textile Mills and others v. WAPDA and others 1997 SCMR 641; and Binyameen and others v. Chaudhry Hakim and another 1996 SCMR 336 ref. JUDGMENT ALI NAWAZ CHOWHAN, J.---This judgment will dispose of the following five Civil Revisions 2374/2000, 2375/2000, 2376/2000, 2377/2000 and 2378/2000. All these involve a common question and impugn the judgment given by the Courts below. The trial Court decided the suits on 16-10-1999 against the petitioners, whereas the learned Additional District Judge, Gujranwala, dismissed the appeal vide his judgment dated 28-6-2000. 2. Five civil suits, from which the appeals and present Civil Revisions arise, were filed by different owners of land belonging to village Gagey Wali in Gujranwala. Near their village a Hydle Power Station Nandipur and a residential colony for WAPDA's employees were constructed close to Khasra No.1289 which belonged to them. 3. It is their case that a Pakka Road located on the south of the residential colony and the Hydle Power Station existed since long and this was being used by them as a passage for the access to their lands. That even after the construction of the Hydle Power Station and the WAPDA's Colony, they continued to use it and for approaching the Sialkot Road, this road was also used by them for approaching the mosque, the Government Primary School and the Post Office, located in the WAPDA's Colony. Whereas, the residents of the WAPDA's Colony used the road for purposes of burying their dead as the courtyard was located outside the boundary of the colony. 4. To re-enforce their arguments, it was said that whereas the colony and Hydle Power Station were enclosed through a barbed wire enclosure but a gate was provided…

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