The petitioners claim to be the owners of the land measuring 1,391 Kanals situated in Wards Nos. 7 and 8 of Municipal Committee, Jauhrabad District Khushab. They, feeling aggrieved of the action of the respondents in installing two towers and laying down a high-powered transmission line, have filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. Learned counsel for the petitioners, in support of this petition, has contended, that the respondents have no lawful authority either to construct any tower or to pass transmission line over the land of the petitioners without their consent and without paying them due compensation.
3. Learned counsel for the respondents has submitted that in law respondent No. 1 can lay down the transmission lines and construct poles which are works of public nature. So far as the payment of compensation is concerned, a preliminary objection has been raised by the learned counsel for respondent No. 1 as to the maintainability of this petition on the ground that under section 14 of the WAPDA Act, 1958, the matter of compensation can only be decided by the Deputy Commissioner but the petitioners have failed to avail of that remedy. . .
4. No comments on merits of the case need be made at this stage as I am of the view that the preliminary objection raised by the learned counsel for respondent No. 1 is well-taken. According to section 14 (2) of the WAPDA Act, respondent No. 1 is bound to tender or pay compensation for damages suffered by the land-owners and in case of any dispute in this respect, the matter has to be referred to the Deputy Commissioner of the District.
5. Admittedly, in the present case, the petitioners have not availed of that remedy. Learned counsel for the petitioners has, however, explained the reason for not doing so that the petitioners were under the impression that the Deputy Commissioner can only award damages for loss to the plants and trees standing on the land and not for deprivation of the use of the land. This contention of the learned counsel is not well-founded. On its plain wording, section 14 of the WAPDA Act requires payment of compensation for any loss or damage suffered by the land owners on account of laying down the transmission lines or construction of poles. Obviously, therefore, if the land owner is deprived of use of his land, it would be a matter falling within the scope of section 14 of the Act. .
As a result of what has been stated above, this petition is held to be not competent at this stage and is disposed of with the direction to the Deputy Commissioner that if some application/representation is filed before him by the petitioners, it shall be decided within two months from the date of its filing.
It shall, however, be open to the petitioners to approach this Court, if need so arises.
No order as to costs.