Law:

Section:

Specific Relief Act (I of 1877)-------S. 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Permanent injunction, suit for---Passing of 132 KV transmission line by WAPDA over whole of plaintiffs land causing damage to his life and property---Plaintiffs application for temporary injunction dismissed by Trial Court and High Court---Plaintiffs plea that WAPDA should pass such wire along periphery of his land---Validity--Site plan on record showed that such wire could be passed from periphery of land instead of over and above of plaintiffs' land---Balance should be struck between rights of citizens and plans to be executed by WAPDA for welfare, economic progress and prosperity of country---In case of threats of serious damage, effective measures should be taken to control same---Supreme Court set aside impugned orders and accepted such application while directing WAPDA to stake necessary changes in its plan. Ms. Shela Zia and others v. WAPDA PLD 1994 SC 693 rel. Ch. Afrasiab Khan, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioners. S. Moazzam Ali Rizvi, Advocate Supreme Court for Respondents. Date of hearing: 25th August, 2009. JUDGMENT IFTIKHAR MUAHAMMAD CHAUDHRY, C.J.---This petition has been filed for leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 31-7-2009 passed in Civil Revision No. 355 of 2009. 2. It is the case of the petitioner that he along with his brother is owner of the property situated at village Chakora Dakhli, Odharwal, Tehsil and District Chakwal bearing Khewat No. 565, Khatooni No.1597, details of which have also been mentioned in the plaint and the respondent WAPDA intended to cross a 1.32 KV transmission line over his property which according to him is likely to cause damage to their life and the property owned by them, therefore, they had suggested that instead of crossing the wire over the whole of the property it should be taken from the periphery of the same for which a proposed plan had already been suggested. The request so made by then was not acceded to, therefore, the petitioners filed a suit along with an application for interim relief under Order XXXIX,…

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