Law:

Section:

Balochistan Ground Water Rights Administration Ordinance (IX of 1978)-- ----1. 2(g)--='Abandoned well"---Connotation---"Abandoned well," would mean any well whose use has been permanently discontinued---Temporary non-user of a well due to any defect, deficiency or disrepair which could be rectified, improved or repaired by some device would not render such well an "abandoned well"---Wells which were in state of disrepair and obtaining of water was not practically possible would be covered by the term "abandoned well". Balochistan Ground Water Rights Administration Ordinance (IX of 1978)-- ----1. 2(g)---Constitution of Pakistan (1973), Art. 185(3)---Petitioner claiming his existing well as abandoned well and seeking permission for digging a new one---Conditions precedent for digging a new well were not found to be present in petitioner's case---High Court after considering all the material on record came to conclusion that there was reduction in the quantity of water in the existing well---Such factual finding was based on information and orders passed by concerned authorities after spot inspection---Provincial Water Board in its opinion had observed that petitioner could dig existing well to improve discharge of water if he was not able to drill it with the help of a drilling rig-- Authorities had, thus, not treated the existing well to be abandoned well because its water bearing capacity had been reduced, but it had not completely dried up nor was it in a condition of such disrepair that it was not practicable to restore or regain the water---In the face of those orders and findings, such controversy could not be agitated before Supreme Court---Leave to appeal was refused in circumstances. M. Aslam Chishti, Senior Advocate Supreme Court and S.A.M. Quadri, Advocate-on-Record for Petitioner. Ch. Ijaz Yousuf, Addl. A.-G. for Respondents Nos. 1 and 2. Yakub K. Eusafzai, Advocate-on-Record and M. Zafar, Advocate Supreme Court for Respondent No.3. Date of hearing. 6th November, 1993. ORDER SALEEM AKHTAR, J---The petitioner seeks leave to appeal against the judgment of the learned Judges of the High Court of Balochistan…