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

Section: 3

Punjab Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963)--- ----S.3---Restriction on establishment of industrial undertakings--- Principle--- Dispute was with regard to establishing a sugar mill but authorities on the basis of notification dated 6-12-2006 refused to grant permission on the pretext of ban---Validity---Punjab Government was not required to place a ban on establishment of industrial undertakings (nor the same was done through notification)---Statute itself imposed ban and while doing so, placed a discretion in the hands of Government to grant or refuse permission in a given case on rational basis---Specific clause inserted through notification had no other meaning and purport but to hammer in the statutory enterprise---Notification in question did not use word ‘ban’ but merely stated that ‘no new sugar mill shall be set up and no enlargement in capacity of existing sugar mill is allowed in the Province’---Administrative act could not subvert a statutory provision---Word ‘except in accordance with S.3 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, was to be read in to lend actuality to the terms of specific clause in the Notification---High Court directed the authorities to proceed to process the case of petitioner further for establishment of sugar mill as requirements of S.3 of Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963, were met with---Constitutional petition was allowed, in circumstances. Messrs Chaudhry Sugar Mills Ltd. v. Province of Punjab and others PLD 2017 Lah. 848 and Tariq Khan Mazari and three others v. Government of the Punjab through Secretary Industries and 3 others PLD 2016 SC 778 ref. JUDGMENT SHAHID KARIM, J.---This constitutional petition brings a challenge to the order passed by the Director General Industries Prices, Weights and Measures Punjab, Lahore on a direction issued by this Court in W.P No.42617 of 2020, which was brought by the present petitioner and the petition was allowed in the following terms: “This petition is allowed. It is directed that the application filed by the petitioner under Section 3 of the Ordinance, 1963…

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