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

Section: 3,4,11

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 9,14,18,38

(a) Punjab Industries (Control on Establishment and Enlargement) Ordinance (XXV of 1963)--- ----Ss. 3, 4 ,11 & Preamble Constitution of Pakistan, Arts. 9, 14, 18 & 38---Law Reforms Ordinance (XII of 1972) S. 3---Notification No. No. AEA-III 3-3/03 (VOL-III) dated 6.12.2006 [issued under section 11 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963]---Restrictions on establishment/enlargement of industrial undertakings---Exemption---Public interest considerations---Relocation of existing sugar mills to a new location Nexus between ban on establishment of new sugar mills and relocation of existing sugar mills---Question before the High Court was whether relocation of existing sugar mills to a new area required permission in terms of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 and whether such relocation/shifting of sugar mills fell outside the purview of the Government of Punjab Notification No. AEA-III-3-3/03 (VOL-III) dated 6.12.2006, whereby ban was imposed on setting up of new sugar mills---Validity---Purposive interpretation of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 showed that the same was geared to protect social, environmental, ecological, civic and economic interests of local residents while achieving planned and organized growth of industry and such Legislative policy synchronized with the Constitutional values, of social and economic justice and provided safeguards to the legitimate interests of backward and depressed classes and furthermore, also promoted the Fundamental Rights and the Principles of Policy, in particular, the promotion of social and economic well-being of the people---Permission required under section 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 was for the establishment of an industrial undertaking in a local area and therefore, when an existing sugar mill was shifted or relocated to another local area, it was no different from a sugar mill being established for the first time in such local area---Word "new" sugar mill, under the Notification meant new in the context of the local…