Law:

Section:

Punjab Mining Concession Rules, 2002-------R. 185---Demarcation of areas after award of mining leases and reducing mining area of petitioner while increasing that of respondent---Impugned demarcation notification set aside by Appellate Authority, but restored by High Court---Validity---Petitioner's bid of Rs.81 million and that of respondent Rs. 10 million were submitted on the basis of previous demarcation which establish that mining area of petitioner was larger than that for which respondent had submitted its bid---Acting upon impugned notification would be manifestly unfair for the same had significantly reduced the area of mining lease of petitioner and increased that of respondent---Supreme Court accepted appeal while directing the Authority to notify demarcation of disputed areas prior to the auction process in future. JUDGMENT SARMAD JALAL OSMANY, J.---This petition impugns the Judgment of the learned Lahore High Court (Rawalpindi Bench) dated 18-8-2011 passed in Writ Petition No.1182 of 2011 filed by respondent No.7 against the petitioner and others. 2. Briefly stated the facts of the case are that the petitioner (Ghulam Murtaza) was awarded a contract for collection of royalties over the mining of minerals within the revenue limits of District Chakwal on 19-3-2001. Earlier respondent No.7 (Abdul Ghaffar) was given a similar contract for District Jhelum on 27-9-2010. After the award of the contract to the respondent No.7 he discovered that a large chunk of area which was the subject matter of mining leases, though located in District Jhelum, were being considered a part and parcel of District Chakwal and thus he was being prejudiced on account of in-action of the concerned authorities. He therefore moved the appropriate application before the respondent No.4 (Director Small Mines Assistance/Titles Punjab, Lahore) who constituted a committee which visited the site, examined the relevant revenue record and thereafter submitted its report endorsing the respondent No.7's point of view pursuant to which a Notification dated 22-1-2011 was issued by the department which re-numbered the mining leases while holding that a major portion of the leased area fell…

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