THE PROVINCE OF WEST PAKISTAN (NOW PUNJAB PROVINCE) THROUGH — 1972 SCMR 553

Citation: 1972 SCMR 553

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Petitioner: THE PROVINCE OF WEST PAKISTAN (NOW PUNJAB PROVINCE) THROUGH JUDGMENT

Headnotes

Case cited as 1972 SCMR 553

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title:THE PROVINCE OF WEST PAKISTAN (NOW PUNJAB PROVINCE) THROUGH JUDGMENT Reported As: 1972 SCMR 553 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-The dispute : between the parties relates to the rate of canal water supplied to the respondent for con--struction of certain public works. A Division Bench of the Lahore High Court while accepting the writ petition of the respondent has observed as follows :- "There can be no doubt as to the existence of a written agreement between the parties in which the Provincial Govern--ment had agreed to supply canal water to the petitioner for construction purposes at the rate of Rs. 3 per 10,000 c. Ft. In terms of rule 11 of the Canal and Drainage Rules the contract was to be signed by the Divisional Canal Officer with the previous sanction of the Provincial Government, as the period of the contract exceeded one year. After some initial correspondence, the sanction of the Provincial Government was conveyed to the Executive Engineer on the 21st of August 1963 by means of Letter No. 11/9-S-O (Rev.)/62 from the Secretary to the Government of West Pakistan, in the Irrigation and Power Department to the Chief Engineer, Sargodha Zone, Lyallpur. On the receipt of this letter the Executive Engineer concerned wrote to the petitioner to sign the agreement,, which was duly completed on the 23rd of August 1963. According to sub-rule (2) of rule…

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