Law:

Section:

Constitution of Pakistan-------Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra court appeal--- Factual controversy--- Mining contract--- Extension---Constitutional jurisdiction of High Court---Scope---Dispute related to mining and quarrying lease, which lease was cancelled by the authorities to save the area---Validity---Contract of three years in favour of appellants had already come to an end and extension granted was withdrawn---No contract existed in favour of appellants, who had no locus standi to file constitutional petition---Single Judge of High Court had rightly held that it was not a matter of mere interpretation of contract, there were disputed questions of facts which the parties controverted and needed to be resolved---High Court in exercise of Constitutional jurisdiction, could not resolve disputed questions of fact---Division Bench of High Court declined to interfere in passed by Single Judge of High Court---Intra-court appeal was dismissed, in circumstances. Muhammad Akram Shaikh and Tanveer Iqbal Khan for Appellants. Sadaqat Ali Khan, A.A.-G. with Muhammad Aslam, Director Mines and Minerals Department, Punjab, Lahore and Muhammad Zafar Javaid, Deputy Director, Mines and Mineral, Rawalpindi Region for Respondents. Date of hearing: 19th May, 2011. JUDGMENT IJAZ AHMAD, J.--- This judgment will decide ICA No.5 of 2010 and ICA No.6 of 2010, as both have been preferred against a consolidated judgment passed in two writ petitions instituted to challenge the same set of orders. 2. The matter relates to mining lease and the quarrying in that part of the Margalla Hills which falls in District Rawalpindi of the Province of Punjab. The remainder falls within the Capital Territory of Islamabad. The Margalla Hills have been declared a National Park. The Prime Minister of Pakistan vide order dated 20-4-1991 directed the cessation of the quarrying operations within the area of National Park as it was creating an environmental hazards. The Government of Punjab through notification. dated 22-6-200 directed a buffer zone covering an area of 1000 square yards between the Territory of the Province of Punjab and the Islamabad Capital Territory. The said…

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