Law:

Section:

(a) Electricity Act (IX of 1910)--- ----S. 12---Civil Procedure Code (V of 1908), S. 115---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether High Court should have exercised revisional jurisdiction in setting aside well-reasoned judgment of Lower Appellate Court; whether installation of electric poles in the property of someone could be objected to under S.12 of Electricity Act, 1910, and could compensation in money be not considered lawful remedy; whether genuineness or validity of requirement for installation of electricity connection was, at all relevant; whether owner of land could challenge the installation, without challenging compensation order passed by District Coordination Officer; whether litigation initiated by owner of land was based on mala fide and personal vendetta; whether Water and Power Development Authority was not bound to supply electricity connection to consumer; and whether to remove any such hindrance was not the sole responsibility of Water and Power Development Authority. (b) Electricity Act (IX of 1910)--- ----S. 12---Specific Relief Act (I of 1877), Ss. 42 & 54---Supply of electricity---Installations on private land---Principle---Licensee (Water and Power Development Authority), in order to supply electricity to defendant, installed poles and electric wires over the land owned by plaintiff---Trial Court decreed the suit in favour of plaintiff and directed the licensee to remove installations but Lower Appellate Court directed the Authority to pay him compensation---High Court in exercise of revisional jurisdiction set aside the judgment and decree passed by Lower Appellate Court and restored that of Trial Court--Validity---Licensee was barred under S. 12 of Electricity Act, 1910, to lay down any electricity supply line or other work on or over any land without consent of its owner or occupier---In case of objection by the owner or occupier of the land, licensee was obliged to obtain written permission from District Magistrate, before erecting any electric pole or laying aerial line---Where District Magistrate had granted such permission, he was obligated to fix amount of…

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