2025 Supreme Court Ruling: WAPDA lost millions in Mangla Dam Land Acquisition

For people involved in complex land acquisition or property conflicts in Azad Jammu & Kashmir (AJK) and Pakistan, the recent judgment of the Supreme Court of AJK in WAPDA and others vs. Barkat Hussain and others (Civil Appeal No. 168 of 2023) serves as a powerful reminder: procedural compliance is mandatory and non-negotiable.

This landmark ruling, delivered on 18 November 2025, led to the dismissal of a high-stakes compensation appeal not on the merits of the dispute, but on a fatal procedural lapse.

At BAK Chambers, we specialise in delivering high-calibre civil and commercial legal services across AJK and mainland Pakistan. We leverage our expertise to ensure that vital cases, particularly those concerning complex Property & Land Conflicts, are managed to avoid the precise pitfalls that led to the appeal's dismissal in WAPDA vs. Barkat Hussain.

The Core Dispute: Land Compensation and Judicial Review in AJK

The dispute in WAPDA and others vs. Barkat Hussain and others centered on the acquisition of a large tract of land, measuring 124 kanals and 8 marlas, situated in Mozia Onah, Tehsil Dadyal. This land was acquired by the appellants (WAPDA and others) for the Mangla Dam Upraising Project, Mirpur.

The original compensation was assessed kind-wise through an award dated June 12, 2008. Aggrieved by this assessment, the respondents (Barkat Hussain and others) sought enhancement of compensation via the Reference Court, Mangla Dam Raising Project, Mirpur.

The legal journey progressed as follows:

1. Reference Court: Marginally enhanced the compensation kind-wise, along with 15% Compulsory Acquisition Charges (CAC).

2. High Court: Partly accepted the respondents' appeal and re-determined the compensation uniformly at Rs. 12,60,700/- per kanal, irrespective of kind, together with 15% CAC.

3. Supreme Court (The Appeal): The appellants (WAPDA) filed a direct appeal against the High Court’s judgment.

Please find the full judgment here: (may take a few seconds to load)

The Fatal Procedural Lapse

Despite the significant financial value and substance of the High Court’s decision, the appeal before the Supreme Court of AJK was dismissed based on a preliminary objection raised by the respondents' counsel.

The Supreme Court relied on Order XII Rule 3 and Rule 4(iii) of the Azad Jammu and Kashmir Supreme Court Rules, 1978. These rules impose a mandatory duty upon an appellant to serve copies of the petition of appeal on each respondent. Rule 4(iii) further requires an affidavit affirming full and proper service.

In this case:

• The total number of respondents was 114.

• The appellant dispatched postal receipts for only 40 respondents.

• The Court found that the compliance was "incomplete, deficient and legally insufficient".

• The Supreme Court noted that there is "no distinction of contesting or non-contesting candidates", reinforcing that the copies of the petition of appeal shall be served on the respondents.

Citing its prior judgment in Saqib Majeed Raja v. Ch. Latif Akbar & others, the Court reiterated that non-service upon all respondents in a multi-party appeal constitutes a fatal procedural lapse warranting dismissal. The appeal was thus dismissed on this procedural ground alone.

How BAK Chambers Protects Your Rights in AJK Property Disputes

The WAPDA vs. Barkat Hussain judgment is a crucial lesson in the complexities of AJK judicial procedure. Even major institutions, when failing to adhere strictly to the Supreme Court Rules, face the dismissal of their cases.

As specialists in AJK Civil and Commercial legal services, BAK Chambers ensures that clients' rights are protected through meticulous procedural strategy and execution:

1. Specialist Expertise in AJK Legal Frameworks

We handle urgent civil and commercial disputes, including Property & Land Conflicts such as fraudulent mutations, inheritance disputes, and illegal possession. Our services are delivered by Barristers and Senior Supreme Court Advocates, ensuring that we navigate AJK-specific laws and procedural rules, like the Supreme Court Rules, with precision.

2. Case Management and Documentation

A procedural failure, like the incomplete service in the WAPDA case, hinges entirely on poor documentation and execution. Our remote case management process emphasises Secure Document Handling, ensuring all necessary records (CNIC, property deeds, mutation records) are correctly submitted electronically. We execute Full Court Representation, meaning we file cases, attend hearings, and manage complex multi-party service requirements on your behalf.

3. Rapid Response for Time-Sensitive Issues

In litigation, time is often critical. We recognise the need for swift action, particularly in property disputes where asset tampering or illegal construction is a risk. We secure Court injunctions (stay orders) within 24–48 hours, ensuring that procedural timelines are met and your assets are protected immediately.

4. Supporting Clients Without Borders

For overseas clients involved in AJK property conflicts, managing complex procedural steps like serving 114 respondents remotely would be impossible without dedicated local counsel. Our cross-border approach eliminates travel needs. We provide:

• Digital Consultations via WhatsApp/Zoom.

• Real-Time Updates and clear strategy notes after every hearing.

• Verification of land records via AJK Revenue Department portals.

When dealing with high-stakes compensation claims or intricate inheritance matters in AJK, procedural diligence is the foundation of success. Failure to comply, as seen in WAPDA vs. Barkat Hussain, means the substantive argument is never even heard.

Ready to Resolve Your AJK/Pakistan Legal Dispute?

Don't let procedural lapses jeopardise your case. Whether you are dealing with land acquisition, inheritance disputes, or commercial litigation, our team provides effective, well-informed advice.

Start Your Case Today:

• Consult Online: Detail your dispute in a video call.

• Receive Strategy: Get a customised litigation/ADR roadmap.

To book a consultation conference with a Barrister and Supreme Court Counsel, please fill the form with your query or drop a call at +92 3390 221621. We act swiftly, with legal notices served immediately pre-litigation.