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Citation: 1966 PLD 357
Court: Lahore High Court
Year: 1971
Decision Date: 1971-12-31
Parties: MESSRS AZIZ TANNERIES LTD. vs SUPERINTENDING ENGINEER, LOWER BARI JUDGMENT
Case cited as PLD 1966 SC 357
Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Muhammad Akram Title:MESSRS AZIZ TANNERIES LTD. vs SUPERINTENDING ENGINEER, LOWER BARI JUDGMENT Reported As: PLD 1972 Lahore 517 Result: Petition accepted Judgment JUDGMENT ANWARUL HAQ, C. J.-This petition under Article 98 of the Constitution seeks to challenge the correctness and legality of the refusal of the Irrigation authorities to allow supply of canal water for the purpose of irrigating nearly two hundred acres of land situate in Chak No. 187/9-L, In the District of Sahiwal. The dispute has arisen in the following circumstances. 2. The petitioner is a registered Company functioning under the name and style of Messrs Aziz Tanneries Limited, Montgomery. In 1951 it purchased from the Provincial Govern--ment barren State land measuring 211 acres, 2 kanals and 11 marlas by private treaty at the rate of Rs. 360 per acre for the installation of a tannery and industries subsidiary thereto. Subsequently, the Company applied for permission to utilize some of the area for agricultural purposes, and also prayed for the supply of canal water in that behalf. The request was refused, necessitating arbitration proceedings before the Divisional Commis--sioner, in terms of clause 12 (1) of the sale agreement between the parties. The Commissioner, Multan Division, gave his award on the 25th of November 1959 to the effect that he found no objection in allowing the petitioner the privilege of converting some of the area for…
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