| Citation(s) |
|---|
| 2013 SLG 1541 2013 SLD 1541 2013 SCMR 511 |
Supreme Court of Pakistan
Civil Petition No.796 of 2007, C.M.As. Nos.4560, 4561 of 2009, C.M.A. No.116 of 2011, C.M.As. Nos.403 and 406 of 2012, Constitution Petitions Nos.68, 69 of 2010, C.M.As. Nos.3687 of 2010,.................
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 Petitioners (in C.P. No. 796 of 2007). Tariq Asad, Advocate Supreme Court in person (in Constitutional Petition No. 68 of 2010). Barriste
Civil Petition No.796 of 2007, C.M.As. Nos.4560, 4561 of 2009, C.M.A. No.116 of 2011, C.M.As. Nos.403 and 406 of 2012, Constitution Petitions Nos.68, 69 of 2010, C.M.As. Nos.3687 of 2010,.................
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 Petitioners (in C.P. No. 796 of 2007). Tariq Asad, Advocate Supreme Court in person (in Constitutional Petition No. 68 of 2010). Barriste
Maulana ABDUL HAQUE BALOCH and others
VS
GOVERNMENT OF BALOCHISTAN through Secretary Industries and Mineral Development and others
Law:
Section:
Balochistan Mining Concession Rules, 1970---R. 98 & Part III---Balochistan Mineral Rules, 2002, Divisions 3 & 5---Regulation of Mines and Oil Fields and Mineral Development (Government Control) Act (XXIV of 1948), S. 2---Contract Act (IX of 1872), S. 196---Constitution of Pakistan, Arts. 185(3) & 184(3)---Exploration licence and mining lease of copper/gold mines etc. in the province of Balochistan---Joint Venture exploration agreement between Government of Balochistan and respondent-company---Legality---Respondent-company completed exploration work, whereafter it submitted an application before the Mines Committee for grant of mining lease, however said application was dismissed---Appeal filed against order of Mines Committee was also dismissed by the concerned Department---Both said orders were not challenged by the respondent-company---Legality of Joint Venture agreement and relaxation of Balochistan Mining Concession Rules, 1970 made by Government of Balochistan were challenged before the High Court---High Court held that Joint Venture agreement and relaxation made to Balochistan Mining Concession Rules, 1970 was legal---Validity---Joint Venture exploration agreement, which was originally executed between an exploration-company and Balochistan Development Authority, suffered from certain legal deficiencies, therefore, an addendum to the said agreement was executed, which made drastic changes to the agreement, inasmuch as permission was granted for transfer or assignment of a party's interests in the agreement wholly or partly---Subsequent to the said addendum Government of Balochistan was made a Joint Venture partner and the Balochistan Development Authority represented itself as an agent of the former through ratification of agency---Serious question marks existed on the manner in which the said addendum was granted the authorization---By means of the said addendum, in the name of ratification in terms of S.196 of the Contract Act, 1872, instead of supplementing the Joint Venture agreement, its entire complexion was changed---Through a novation agreement 75% interest in the Joint Venture agreement and Exploration Licence belonging to the…
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