Law: Sindh Mining Concession Rules, 2002

Section: 9,13(1),27(2),38,48,50,50(3)(c)(ii),52(3 ),68,71,82

Law: Representation of the People Act, 1976

Section: 12(1)

Law: Sindh Land Revenue Act, 1967

Section: 49

Sindh Mining Concession Rules, 2002--- ----Rr. 9, 13(1), 27(2), 38, 48, 50(3)(c)(ii), 68 & 71---Sindh Land Revenue Act (XVII of 1967), S.49---Mining licence---Provincial Government, discretion of---Petitioner corporation was aggrieved of decision taken by Provincial Government whereby its mining licence was not extended and respondent was given mining licence for coal field in question---Validity---Mining leases of petitioner were not renewed for reason that Provincial Government had plans to use coal mined from coal field in question for a coal-fired power plant that it intended to setup in its Province---Such purpose of Provincial Government could not be achieved by renewing a mining lease that did not cater for requirements of Provincial Government---Coal extracted within any Province was property of that Provincial Government under S.49 of Land Revenue Act, 1967 and Provincial Government had all powers necessary for proper enjoyment of its rights thereto---Scheme of Sindh Mining Concession Rules, 2002 was also to provide for development of mineral resources of said province and with that development of technology, employment and skills in mining industry in province---High Court in exercise of Constitutional jurisdiction declined to interfere in discretion exercised by authorities as order not renewing mining leases of petitioner were neither arbitrary nor mala fide--- Mining permit awarded to respondent was in contravention to R.68 of Sindh Mining Concession Rules, 2002 and same was set aside---High Court directed that for granting any mining concession in subject area with proven mining reserves, authorities would invite competitive bids for making public terms and conditions of mining concessions offered---Constitutional petition was disposed of accordingly. Muhammad Tajammal Hussain v. Shaukat Mahmood PLD 2007 SC 277; Abdul Karim v. The Returning Officer PLD 1999 Quetta 78; Ghani Corporation v. Government of NWFP PLD 2011 Pesh. 1; Khawaja Muhammad Asif v. Federation of Pakistan PLD 2014 SC 206 and Abdul Haque Baloch v. Government of Balochistan PLD 2013 SC 641 ref. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, J.--- The Petitioner in both petitions…

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