| Citation(s) |
|---|
| 1987 SLG 1592 1987 SLD 1592 1987 SCMR 769 |
Supreme Court of Pakistan
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND SHAFIUR REHMAN, JJ
Civil Petition for Special Leave to Appeal No. 1418 of 1980, decided on 8th December, 1980. (Against the and order, dated 25-10-1980 of the Lahore High Court in Civil Revision No. 1216 of 1980)
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND SHAFIUR REHMAN, JJ
Civil Petition for Special Leave to Appeal No. 1418 of 1980, decided on 8th December, 1980. (Against the and order, dated 25-10-1980 of the Lahore High Court in Civil Revision No. 1216 of 1980)
AHMAD HUSSAIN and others--petitioners
VS
PUNJAB PROVINCE and others--Respondents
Law:
Section:
Canal and Drainage Act (VIII of 1873)-- ---S. 20--Constitution of Pakistan (1973), Art. 185(3)--Sanction for supply of additional canal water--Challenged by petitioners-co-sharers of water from same outlet who apprehended decrease in their share-Application for interim injunction dismissed and order upheld up to High Court--Plea that no notice was served upon petitioners before sanctioning additional water to respondents, repelled--Since 5$ extra supply was always provided for on every outlet, no notice to co-sharers in circumstances was necessary--Authorities having assured that supply would be increased, petitioners' apprehension of irreparable loss was unfounded--With observation that pending disposal of suit quantity of water supply to petitioners should not be allowed to decrease due to extra supply to respondents, petition dismissed. ORDER ASLAM RIAZ HUSSAIN, J.--Respondents Nos.3 and 4 were sanctioned additional canal water for their garden by the Irrigation Department. The petitioners who are co-sharers of the water from the same out-let felt aggrieved as they assumed that any increase in the canal water sanctioned to the respondents Nos. 3 and 4 would automatically diminish their share of water. They, therefore, challenged the validity of the aforementioned sanction of the Canal Authorities through a civil suit. Alongwith it they also filed an application for an interim injunction. This application was dismissed by the learned Civil Judge on 14-6-1980. The petitioners filed an appeal against it before the Additional District Judge, Faisalabad, who dismissed the…
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