| Citation(s) |
|---|
| 2013 SLG 2925 2013 SLD 2925 2013 PLD 641 |
Supreme Court of Pakistan
Civil Petition No.796 of 2007 and C.M.As.Nos.4560 & 4561 of 2009 and C.M.A.No.116 of 2011 and C.M.As. Nos.403 & 406 of 2012, decision dated: 7-01-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Raza Kazim, Senior Advocate Supreme Court, Mehmood A. Sheikh, Advocate-on-Record assisted by Usman Raza Jamil for Petitioner (in C.P. No. 796 of 2007). Trariq Asad, Advocate Supreme Court, Petitioner in person (in Const.P. No. 68 of 2010). Barrister Z
Civil Petition No.796 of 2007 and C.M.As.Nos.4560 & 4561 of 2009 and C.M.A.No.116 of 2011 and C.M.As. Nos.403 & 406 of 2012, decision dated: 7-01-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Raza Kazim, Senior Advocate Supreme Court, Mehmood A. Sheikh, Advocate-on-Record assisted by Usman Raza Jamil for Petitioner (in C.P. No. 796 of 2007). Trariq Asad, Advocate Supreme Court, Petitioner in person (in Const.P. No. 68 of 2010). Barrister Z
Maulana ABDUL HAQUE BALOCH and others
VS
GOVERNMENT OF BALOCHISTAN through Secretary Industries and Mineral Development and others
Law:
Section:
(a) Balochistan Mining Concession Rules, 1970----Rr. 98 & 3---Regulation of Mines and Oil-fields and Mineral Development (Government Control) Act (XXIV of 1948), S. 5---Constitution of Pakistan, Arts. 185(3) & 184(3)---Copper and gold reserves in Reko Diq area of Province of Balochistan---Joint Venture exploration agreement between Provincial Development Authority and respondent-company---Respondent-company was granted relaxation/ exemption of certain rules under R.98 of Balochistan Mining Concession Rules, 1970 in order to enable it to carry out exploration work---Legality---Concerned department of the Provincial Government granted as many as thirteen relaxations to the respondent-company purportedly with a view to enable it to carry out the exploration work without any hindrance---Not only was respondent-company well aware of the restrictions imposed by Statute, but they also attempted to bind future governments to ratify the departures being made from the law---Said relaxations were in the nature of exemptions granted from the application of the rules to respondent-company and the entire Joint Venture exploration project without any reference to the provision of R.3 of Balochistan Mining Concession Rules, 1970---Balochistan Mining Concession Rules, 1970, in such circumstances, were rendered nugatory in all substantial aspects---Rule 3 of Balochistan Mining Concession Rules, 1970 provided that except with the previous sanction of the Government, no licence to prospect for any mineral and no lease of mines and minerals shall be granted otherwise than in accordance with said rules---Admittedly, no such previous sanction as envisaged by R.3 was sought by respondent-company or the Provincial Development Authority---Rule 98 of Balochistan Mining Concession Rules, 1970 provided for relaxation of any of the provisions of said Rules in cases of individual hardship and under special circumstances to be recorded in writing, and that too, on certain terms and conditions to be fixed while granting the relaxation---Neither respondent-company nor Provincial Development Authority in seeking relaxation of the rules fulfilled the requirements stated in R. 98 of…
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