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Citation: 1971 PLD 462
Court: Lahore High Court
Year: 1970
Decision Date: 1970-12-31
Parties: M. DAUD KHAN AND 20 OTHERS vs GOVERNMENT OF WEST PAKISTAN AND 2 JUDGMENT
Case cited as PLD 1971 Lahore 462
Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Shafi-ur-Rehman Title:M. DAUD KHAN AND 20 OTHERS vs GOVERNMENT OF WEST PAKISTAN AND 2 JUDGMENT Reported As: PLD 1971 Lahore 462 Result: Petitions dismissed Judgment JUDGMENT MUSHTAQ HUSSAIN, J.-The petitioners are consumers of electricity supplied by WAPDA and used by them for running tubewells to irrigate their agricultural lands. They entered into separate agreements with WAPDA on sterotyped forms at the time of installation of the transmission lines to their premises. Under the agreements the consumers guaranteed payment of a minimum charge per annum for a period of 10 years. If the Current actually consumed was worth less than the guaranteed minimum charge, the consumers had to pay the aforesaid guaranteed amount ; in case the actual consumption was more than the guaranteed minimum charge the consumers were not required to make any additional payment for the electricity consumed by them. It is stated that the reason for the guaranteed minimum charge was the anxiety of WAPDA to ensure the recovery of the cost incurred by it on the installation of transmission lines etc. for the consumers. 2. It was further agreed that if the consumer went away before the expiry of this period of 10 years and his successor did not agree to keep the contract in operation for the unexpired period, the consumer would pay the entire cost of the service line plus 24 % departmental charges. 3. By Notification No, 27842-A/COM/T-86…
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