| Citation(s) |
|---|
| 1999 SLG 433 1999 SLD 433 1999 SCMR 2063 |
Supreme Court of Pakistan
Civil Appeals Nos.39 to 43 of 1998, decision dated: 3rdMarch, 1999. (On appeal from the judgment of the Lahore HighCourt, Lahore, dated 30-10-1997 in Writ Petitions Nos. 1155and I 156.of 1997)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND MANZOON KAZI, JJ
Sh. Altaf Elahi, Additional Advocate General, Punjab for Appellants (in Civil Appeals Nos. 39 and 40 of 1998). M. Munir Peracha, -Advocate Supreme Court for Appellants (in Civil Appeal NoAl of 1998). Muhammad Ghani, Advocate Supreme Court for Appellants (
Civil Appeals Nos.39 to 43 of 1998, decision dated: 3rdMarch, 1999. (On appeal from the judgment of the Lahore HighCourt, Lahore, dated 30-10-1997 in Writ Petitions Nos. 1155and I 156.of 1997)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND MANZOON KAZI, JJ
Sh. Altaf Elahi, Additional Advocate General, Punjab for Appellants (in Civil Appeals Nos. 39 and 40 of 1998). M. Munir Peracha, -Advocate Supreme Court for Appellants (in Civil Appeal NoAl of 1998). Muhammad Ghani, Advocate Supreme Court for Appellants (
GOVERNMENT OF THE PUNJAB through Secretary, Industries and Mineral Development Department and others vsMUHAMMAD NASEEM and others
Law:
Section:
(a) Regulations of Mines and Oilfields and Mineral Development (Government Control) Act (XXIV of 1948)--Ss. 2 & 4---Punjab Mining Concession Rules, 1986, R. 3 --- Constitution of Pakistan (1973), Arts. 199 & 185(3) --- Grant of lease to extract rock salt, in relaxation of Government policy on the direction of Chief Minister of the Province---Authority made responsible, under the Rule$ to regulate grant of mining lease opposed the grant of lease but the Chief Minister in one case overruled the objections of the Authority and granted the mining, lease on compassionate ground and made it clear that that case will not be considered as a precedent in other cases --- Allegation of discrimination by those whose applications, though recommended by the Chief Minister was not granted lease and by those whose applications were pending -with the department for consideration at the relevant time but were denied the grant --- Order granting lease was challenged by appellants in Constitutional petitions before High Court but same were dismissed --- Validity --- Leave to appeal was granted by Supreme Court as to whether in the fact and circumstances of the case, High Court was right in holding that non-grantees were discriminated and whether the High Court was justified under Art. 199 of the Constitution to issue direction for issuing of mining licences. (b) Regulations of Mines and Oilfields and Mineral Development (Government Control) Act (XXIV of 1948)--- ---- Ss. 2 & 4 --- Punjab Mining Concession Rules, 1986, R. ' 3 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional petition --- Restrictions on grant of lease for extraction of rock salt --- Validity --- Government was fully competent to lay down a policy for grant of mining leases of rock salt --- Mining of salt being a sensitive operation which required high degree of skill on the part of its operator besides taking up of adequate safety measures to avoid environmental pollution and adverse effects on adjoining agricultural land, it was for such reason that the mining leases of rock salt were restricted under the policy of the Government initially to public sector companies and corporation which…
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