Law: Punjab Agricultural Marketing Regulatory Authority Act, 2018

Section: 12-A

Law: Constitution of Pakistan, 1973

Section: 140-A

(a) Punjab Agricultural Marketing Regulatory Authority Act (XXIX of 2018)--- ----S.12-A---Punjab Local Government Act (XIII of 2019), S. 259---Constitution of Pakistan, Art.140-A---Constitutional petition---Establishment of private market---Land use planning and land use permissions---Scope---Petitioner was required, according to the impugned order, to obtain approval for the building plan from the District Council regarding private market project and pay a certain conversion fee---Petitioner contended that approval for the private sector market had been granted by the Chairman of the Punjab Agricultural Marketing Regulatory Authority under S.12-A, therefore, permission to raise a commercial building or a private market project did not require approval from the District Council or the payment of a conversion fee---Petitioner also argued that S.12-A, being a special law, excluded the applicability of any other law---Validity---Section 12-A merely acknowledged the entitlement for the establishment of the facility and exclusivity was only extended to the extent of granting licensing rights for the establishment of a private market---Exclusion of any other law had to be read in the context of the privilege of a license to establish a private market and not otherwise---It was a misconception to assume that the Punjab Agricultural Marketing Regulatory Authority had replaced the functions and powers of the Local Government, as catered for in terms of Art.140A of the Constitution---No illegality was found in the impugned order---Constitutional petition was dismissed. (b) Punjab Agricultural Marketing Regulatory Authority Act (XXIX of 2018)--- ----S.12-A---Establishment of private market---Scope---Private market is a facility established and managed under the Punjab Agricultural Marketing Regulatory Authority Act, 2018---It is owned by private individuals, entities, or groups for the purpose of purchasing or selling agricultural produce---Section 12-A of the Act confers eligibility on any person to establish a private market in accordance with the provisions of the Punjab Agricultural Marketing Regulatory Authority Act, 2018, and in the manner prescribed---Section 12-A…

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