Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.8

Law: Constitution of Pakistan, 1973

Section: 199,9,24,253

(a) Constitution of Pakistan--- ----Arts. 9, 24 & 199---Civil Procedure Code (V of 1908), O.I, R.8---Constitutional petition--Petitioner sought direction to authorities for construction of protective wall to save the residents of the area from floods caused by construction of a dam---Validity---Objection raised by respondents as to representative capacity of petitioner in filing the petition was technical in nature---Petitioner had been representing the people of the area for redressal of the grievance---State was under constitutional obligation to protect the life, liberty and property of the people under Arts.9 & 24 of the Constitution---Inhabitants of the area were faced with genuine threat to their life and property by floods which had led the Government to undertake construction work on the protective wall---Subjects were entitled to compensation and rehabilitation by the State in case of any loss, damage or destruction in consequence of floods etc.---However, loss suffered by petitioner could not be determined by the court in its constitutional jurisdiction---Petitioner was at liberty to file suit for redressal of his grievance in the court of competent jurisdiction---Petition was disposed of accordingly. (b) Constitution of Pakistan--- ----Arts. 9 & 24---State was under constitutional obligation to protect the life, liberty and property of people under Arts.9 & 24 of the Constitution. Petitioner in person. Abdul Aziz Khan Khilji, Addl. A.-G. for Respondents Nos.1 and 2. Ms. Iram Mehmood for Respondents Nos.3 and 4. Date of hearing: 20th October, 2010. JUDGMENT GHULAM MUSTAFA MENGAL, J.--- Through this constitutional petition, the petitioner has prayed for the following relief:--- (a) That the peoples of the area along with Kech River and Mirani Dam are entitled for steps to protect their life and property due to construction of Mirani Dam and entitled for protection from flood. (b) The official respondents may be directed to take measures and construct protection wall to protect the people and their land from the flood. (c) That the official respondents be directed to pay compensation for the damage they suffered due to flood. (d) Any…

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