Law:

Section:

(a) Hydrogenated Vegetable Oil Industry (Control and Development) Act (LXV of 1973)-- S. 2 (f )-'Lessees', held, not covered by definition of `establishment' given in Act.--[Words and phrases]. (b) Hydrogenated Vegetable Oil Industry (Control and Development) Act (LXV of 1973) Ss. 5 & 17 and Constitution of Pakistan (1973), Art. 199-Compensation--Jurisdiction--Petitioner-firm being a lessee, not coming under purview of Act-Petition, held, maintainable under Art. 199 and not barred by Art. 24(4) of Constitution.-[Compensation-Jurisdiction]. (c) Hydrogenated Vegetable Oil Industry (Control and Development) Act (LXV of 1973)-- -- Ss. 5 & 17--Petitioner, lessee of factory, and not covered by Act­ Property of petitioner on taking over of such Factory by Government, held, could not be taken over under Act and compensation therefore, to be adjudged and paid to petitioner in accordance with ordinary law of land. Muhammad Ismail & Company etc. v. The Chief Cotton Inspector P L D 1966 S C 388 ref. JUDGMENT Sh. Abdul Haq & Sons Ltd. which is a private limited Company having its registered office at Lahore was the lessee of the Crescent Factories Limited, Chichawatni (hereinafter referred to as the Factory) in respect of Vanaspati Ghee Mill (New Unit) as from 1-7-1973. The lease was to expire on 3i-5-1974. A lease deed was duly executed. The petitioner consequently started running the mill and for that purpose purchased stocks and stores and even some machinery which he brought on the premises arid which was in use. 2. The Hydrogenated Vegetable Oil Industry (Control & Development) Ordinance, 19 of 1973 was promulgated on 2-9-1973 by the Government of Pakistan with a view "to regulate the operation and future development of the Hydrogenated Vegetable Oil industry so as to maintain at reasonable prices supplies essential to the life of the community while safeguarding the interests of the small investors in the industry and to provide for matters connected therewith or incidental thereto". 3. Section 5 of this Ordinance empowers the Federal Government to take over the Management of any establishment, to acquire the whole or a portion of the shares or the…

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