| Citation(s) |
|---|
| 2012 SLG 1320 2012 SLD 1320 2012 CLD 1714 |
Islamabad High Court
Writ Petitions Nos.3128, 3144, 3145, 3156, 3160, 3161, 3171,3172, 3173, 3177, 3191, 3203, 3204, 3206, 3210, 3236, 3254,3255, 3258, 3260, 3292, 3299, 3311 and 3312 of 2011,decision dated: 23rd December, 2011
RIAZ AHMAD KHAN, JUSTICE
Makhdoom Ali Khan, Barrister Khurram M. Hashmi, Saad M. Hashmi, Sajid ur Rehman Mashwani, Umair A. Rishi, Hyder Ali Khan and Shahzaib for Petitioners (in Writ Petitions Nos.3128, 3171 and 3172, 3236 of 2011).Syed Hassan Ali Raza for Petitioners (in Writ
Writ Petitions Nos.3128, 3144, 3145, 3156, 3160, 3161, 3171,3172, 3173, 3177, 3191, 3203, 3204, 3206, 3210, 3236, 3254,3255, 3258, 3260, 3292, 3299, 3311 and 3312 of 2011,decision dated: 23rd December, 2011
RIAZ AHMAD KHAN, JUSTICE
Makhdoom Ali Khan, Barrister Khurram M. Hashmi, Saad M. Hashmi, Sajid ur Rehman Mashwani, Umair A. Rishi, Hyder Ali Khan and Shahzaib for Petitioners (in Writ Petitions Nos.3128, 3171 and 3172, 3236 of 2011).Syed Hassan Ali Raza for Petitioners (in Writ
MESSRS SHANDAR PETROLEUM/CNG THROUGH MANAGING PARTNER AND 46 OTHERSVS FEDERATION OF PAKISTAN THROUGH MINISTRY OF PETROLEUM AND 2 OTHERS
Law:
Section:
(a) Contract Act (IX of 1872)---S. 2---Compressed Natural Gas (CNG) Supply Stations, setting up of---Incentive provided by Government inviting general public to invest in CNG Sector---Suspension of gas supply to such Stations by Government due to load-shedding--- Validity--- Conversion to gas was required to minimize use of petrol and diesel--- Policy and procedure for establishment of CNG Stations could not be considered as an incentive---Anything mentioned in policy regarding use of CNG could not be taken as an incentive on part of Government or a promise with a person wanting to establish CNG Station. PLD 2007 SC 642; 1978 SCMR 327; 1986 SCMR 680; PLD 1973 SC 49; PLD 2011 Lah. 120; PLD 2002 Lah. 359; 1995 CLC 1687; PLD 2011 SC 44; AIR 1977 SC 1496; AIR 1990 SC 1851; 2008 SCMR 17; 2007 PTD 1005; 2010 MLD 690; AIR 1991 SC 14; 2006 YLR 229; 348 U.S. 483 (1955); 174 U.S. 96 (1899) and 2011 YLR 1491 ref. (b) Constitution of Pakistan--- ----Arts. 158 & 172---Islamabad Capital Territory (Administration) Order (18 of 1980), Art.2---Natural gas, well-head of---Priority given to a Province to meet its requirements from such well-head situated in its territory---Extending such priority to other Province(s) or Islamabad Capital Territory by judicial pronouncement---Scope---Such priority given to a Province specified in Art.158 of the Constitution could not be given to any other Province or Federal Government despite addition of Sub-Article 3 to Art. 172 of the Constitution---Such priority provided in a specific manner by the Constitution could not be extended by way of judicial pronouncement---Nothing could be added to the Constitution or any other laws by way of judicial pronouncement for same being meant only for interpretation of constitutional provisions--- Executive authority of Capital Territory vested in the President as same was not part of Punjab---Capital Territory could not be equated with Khyber Pakhtunkhwa as Federal Government would not mean such territory---No Article of the Constitution provided such priority to Capital Territory of Islamabad---Principles. (c) Constitution of Pakistan--- ----Arts. 23, 24 & 199---Constitutional jurisdiction of…
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