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GEPCO versus ARSHAD MEHMOOD

ection Section 12 - Specific Relief Act (I of 1877), Sections 42 and 54 - Civil Procedure Code (V 1908), O XXXIX, Rr 1 and 2 ?? Suit for Declaration and Order Prohibition - Interim Order Prohibition, Power Supply Line of Grant of Private Owner's Land - The plaintiff was the owner of the land on which the authorities intended to set up towers for the construction of power supply lines. Not taken - Trial court passes interim order in favor of plaintiff and retains same by lower appellate court - Accuracy plain High voltage power transmission on plaintiff-owned land N line was erected and electricity Act 1910 Section 12 authorities imposed a power supply line or a ban on the construction. En In case of any objection by the owner, the authorities were obliged to obtain a written permission form District Magistrate which had not been initiated on the plaintiff's land. Before laying the transmission line, the law did not comply with the provisions of the law before the scheme was initiated, therefore, the first-party plaintiff had a good argument in its favor public. There were elements of irreparable harm and a balance of convenience for the life of the plaintiff as if the plaintiff had leaned in favor - the trial TM O XXXIX, RR 1 & part 2 was fully justified to accept the application, read with section 151 PC PC, which command lower appellate court upheld as valid. ision The High Court approved the use of the amended jurisdiction by the two courts below

P L D 2017 Lahore 723 

Before Muhammad Farrukh Irfan Khan,. J

GEPCO and others—Petitioners

versus

ARSHAD MEHMOOD—Respondent

Civil Revision No.598 of 2017, decided on 17th May, 2017.

Electricity Act (IX of 1910)-

—S. 12—Specific Relief Act (I of 1877), Ss.42 & 54—Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2—Suit for declaration and injunction—Interim injunction, grant of—Electric supply line—Land of private owner—Plaintiff was owner of the land on which authorities intended to install tower for laying down electricity supply lines—Plea raised by plaintiff was that authorities did not seek any permission from him for installing such tower—Trial Court granted interim injunction in favour of plaintiff and the same was maintained by Lower Appellate Court—Validity—High voltage electricity transmission line was being laid over the land owned by plaintiff and S. 12 of Electricity Act, 1910, barred the authorities to lay down any electricity supply line or other work without the consent of its owner or occupier—In case of any objection by owner occupier the authorities were bound to obtain written permission fÓrm; District Magistrate which was not undertaken by authorities before laying transmission line over the land of plaintiff—Mandatory provisions of law were not complied with by authorities before initiating the project, therefore, prima facie plaintiff had good arguable case in his favour—Imminent danger to the lives of public at large existed as such ingredients of irreparable loss and balance of convenience also leaned in favour of plaintiff—Trial Court was fully justified in accepting application under O. XXXIX, Rr. 1 & 2, C.P.C. read with S.151 C.P.C, which order was rightly maintained by Lower Appellate Court—High Court in exercise of revisional jurisdiction declined to interfere in concurrent orders passed by two Courts below—Revision was dismissed in circumstances, [pp. 726, 727[A, B&C

Nisar Ahmad v. Masood Akhtar and others 2011 SCMR 226 ref/

Aurangzaib Mirza for Petitioners.

Mudassir Mubin Ghumman for Respondent.

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