Law: Constitution of Pakistan, 1973

Section: 9,25,199

Constitution of Pakistan--------- ----------Arts.9, 25 & 199---------Constitutional petition---------Natural gas connection--Discrimination---------Grievance of petitioners was that authorities did not give natural gas connection to them under the garb of moratorium imposed by Federal Government---------Plea raised by authorities was that petition was not maintainable---------Validity---------Management and usage of natural resources of the country by the State was through its instrumentalities, therefore, High Court under Art. 199 of the Constitution could exercise such discretionary jurisdiction to put the things in order---------Gas supply to domestic consumers was of utmost importance and it was a basic need---------High Court believed that the State must take cogent initiatives for un-interrupted supply of gas to domestic consumers on priority but to the dismay of High Court none had so far been taken and instead a complete ban was imposed on gas connections to certain class of people without explaining / and or giving any justifiable reason---------Moratorium was issued in year, 2011, but unfortunately nothing had been placed before High Court as to why the moratorium still continued and whether it was ever revisited and scrutinized from any angle to accord some relief to deprived citizens of the country---------High Court declared that moratorium to the extent it dictated that natural gas through Sui transmission system would not be provided to high rise buildings, could not be sustained on the touchstone of Arts. 9 and 25 of the Constitution and the same was set aside---------High Court further declared that classification of residential building having more than four floors as a high rise building by authorities was without lawful authority and the same was illegal and was also set aside---------Direction was issued by High Court that authorities provide gas connections to petitioners---------Constitutional petition was allowed in circumstances. Shehla Zia v. Federation of Pakistan PLD 1994 SC 694; Human Rights Case No.14392 of 2013 2014 SCMR 220; I.A. Sherwani and other v. Government of Pakistan and others 1991 SCMR 1041; Waris Meah v. State and…

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