Law: Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963

Section: 3

Keywords: Result: Appeal Dismissed JUDGMENT QAZI FAEZ ISA, J.- Through a common judgment dated 26th February 2013 of the Lahore High Court at Lahore a number of writ petitions were dismissed including those filed by the appellants herein. This Court through the following order granted leave to appeal against the impugned judgment: "Leave is granted to consider the scope of the provisions of Sections 3 and 11 of the Punjab Industries (Control on Establishment Enlargement) Ordinance, 1963 (the Ordinance, 1963); whether the government has any power under the aforesaid provisions of law to impose a an upon the establishment/enlargement of sugar industry as has been done by notification dated 6th December, 2006 and in this context the application of the petitioner has been dismissed by the Secretary, Government of Punjab, Industries Department on 24.1.2011; the correctness of the law enunciated in the judgment reported as Madina Sugar Mills Vs. Secretary, Ministry of Industries and others (PLD 2001 Lahore 506) and the effect of the judgment reported as Arshad Mehmood and others Vs. Government of Punjab through Secretary, Transport Civil Secretariat, Lahore and others (PLD 2005 SC 193) upon the facts of this case in relation to the Ordinance, 1963." It may however be clarified that The Punjab Industries (Control on Establishment and Enlargement), Ordinance, 1963 was promulgated by the Governor of West Pakistan on 25th January 1963 and was approved by the Provincial Assembly of West Pakistan with amendments on 27th March 1963 and after receiving the assent of the Governor was published in the West Pakistan Gazette (Extra Ordinary) dated 27th March 1963 at pages 1269-1272 as The Punjab Industries (Control on Establishment and Enlargement), Act, 1963. Notices were also issued to the Attorney General for Pakistan and the Advocate General of Punjab under Order XXVII-A of the Code of Civil Procedure. 2. Khawaja Muhammad Farooq, the learned senior counsel representing the appellants in C.A. Nos. 1242 and 1244 of 2013, Mr. Noor Muhammad Chandia, the learned senior counsel representing the appellant in C.A. No. 1243 of 2013 and Mr.Haq Nawaz Chattha, the learned counsel…