Law: Mining Concession Rules, 2005

Section: 185

Law: Mining Concession Rules, 2005

Section: 185

Law: Constitution of Pakistan, 1973

Section: 199

Mining Concession Rules, 2005-------R. 185---Constitution of Pakistan, Art.199---Constitutional petition---Alternate remedy---Prospecting license, application for---Rejection of such application by Mines Committee on basis of report of Inspection Team while reserving for open auction area applied for having "proved mineral" of Iron Ore---Rejection of petitioner's appeal by Appellate Authority---Validity---According to Rule 185 of Mines Concession Rules, 2005, such license could not be granted without an open auction in respect of an area having "proved mineral"---Inspection Team had declared such area as mineralization of bed of good quality of Iron Ore---Neither any fundamental right of petitioner had been violated nor could he claim any indefeasible right with regard to grant of such license in respect of an area declared as "proved mineral"---Petitioner had an alternate right to participate in public auction---High Court dismissed constitutional petition in circumstances. Abid Ali Khan for Petitioner. Obaid Razaq, A.A.-G. for Respondents. Date of hearing: 26th March, 2013. JUDGMENT MALIK MANZOOR HUSSAIN, J.--- The petitioner being aggrieved with regard to the order passed by the appellate authority dated 28-5-1992 through which the Prospecting License for Laterite over an area of 200 acres was refused by the Licensing Authority and the appellate authority upheld the same. 2. Brief facts leading to present petition as stated are that the present petitioner applied for grant of Prospecting License. Three more persons also applied for grant of Prospecting License in respect of the same area. As the area applied for by the appellant was involved in overlapping with each other, so the application of all the applicants were sent to the Environmental Department for NOC. The same Department issued four numbers of NOC over the same area for granting Prospecting License, thus the applications were placed before the Mines Committee in its meeting held on 19/20-4-2011. The Mines Committee, deferred the matter with observations to constitute a committee comprising of Deputy Director Exploration, Senior Inspector of Mines and Mineral Development Officer, Headquarter…

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