Law:

Section:

Electricity Act (IX of 1910)-------S.51---West Pakistan Water and Power Development Authority Act (XXXI of 1958), Preamble---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal--=Case involved question of interpretation of provisions of West Pakistan Water and Power Development Authority Act, 1958 and those of Electricity Act, 1910 which was of substantial legal importance---Leave to appeal was granted. ORDER S.USMAN ALI SHAH, J.--This petition is directed against the order of the Lahore High Court, Multan Bench, whereby civil revision of the petitioners was dismissed on 18-1-1986. The respondents had installed a 500 K.V. transmission line over the land of the petitioners due to which, according to them, their buildings and fruit trees worth Rs.48,75,000.00 were damaged. The petitioners filed a suit for compensation before the District Judge, Multan which was contested by the respondents. On the pleadings of the parties the District Judge framed 7 issues out of which issue No. 6 was regarding the jurisdiction the learned District judge decided this issue in favour of the respondents and dismissed the suit of the petitioners vide order dated 6-11-1985. The petitioners went in revision before the High Court, wherein it was contended that WAPDA being a licensee under the Electricity Act, 1910 and under section 51 of the said Act powers have beer. conferred on the licensee which can be exercised by the Telegraph Authority…

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