14 February 2004	Saturday	22 Zilhaj 1424

KARACHI, Feb 13: An electricity supply company cannot hang or install high tension wire or pole across or on private property, a Sindh High Court division bench held on Friday.

The ruling came on appeal moved by the KESC against the order of a single judge. A suit was instituted by an industrial concern through Barrister Abid S. Zuberi for restraining the KESC from reinstalling high tension wires and poles across property owned by it.

The plaintiff concern said the corporation had already installed its network in 1981 and there was not need to change the route and endanger the property of the plaintiff.

The KESC challenged the single judge's order, which was upheld by the appellate division bench. Accepting the contentions raised by Barrister Zuberi, the bench observed that the courts had to strike a balance between the requirements of public utilities and the need to protect private property.

Dismissing the appeal, the bench observed that the KESC could not reinstall its network across the respondent concern's property and should remain confined to the same route or path as was in existence since 1981.

THATTA CEMENT: An SHC judge, meanwhile, stayed the sale proceedings being conducted by in respect of Thatta Cement Factory till Feb 20. The order was passed on a suit instituted by Star Cotton Company. The plaintiff claimed that it submitted the highest bid but its bid was rejected in favour of a lower bid. Notices were issued to the defendants for Feb 20.

DR KHAN'S APPEAL: A division bench adjourned to a date in office an appeal moved by nuclear scientist Dr A. Q. Khan against a single judge's order appointing a broad-based committee to oversee the affairs of the Institute of Behavioral Sciences, Karachi.

The committee was ordered to be constituted by Justice Zahid Kurban Alavi (since retired) in counter-suits moved by Dr Khan and Dr S. Haroon Ahmed and the Pakistan Association for Mental Health over the IBS management. The order was immediately challenged and its operation was stayed by an appellate division bench in January 2003.

PROMOTIONS: The SHC on Friday observed that chief executive or prime minister of the country had nothing to do with service matters and their orders bore no weight in the eyes of law if such matters were not supported by regulations, adds PPI.

"On their verbal orders if someone gets promotion or any other benefit is fortunate and one who does not get the same is unfortunate," the bench observed while hearing a petition filed by Dr Nisar Ahmed Ansari and Dr Abu Ahmed of the Liaquat Medical College seeking their promotion to Grade-19.