Law:

Section:

Compensation,-- —Take over of Crescent Factory-Factory was on lease with respondent-All property of respondent-lessee lying therein was also taken over-High Court holding that compensation was payable to respondent in accordance with ordinary law of land-Challenge to-Schedule to Hydrogenated Vegetable Oil Industry (Control and Development) Act, 1973 does not cover basis on which compensation can be worked out in respect of claims of ordinary creditors like respondent-lessee arising out of nationalization of establishment—Entitlement to compensation of third parties cannot be worked out on break-up value, net worth value or time value according to Schedule as urged on behalf of appellants-Held: Federal Government and/or appellants are liable to pay compensation to respondent for loss if any, and for all stocks, stores etc. assessable according to ordinary law, less any liabilities-Appeal dismissed. [Pp.l32133]AB JUDGMENT Rustam S. Sidhwa, J.--This is an appeal by the Ghee Corporation of Pakistan and another appellants against the judgment of a learned Single Judge of the Lahore High Court dated 13,11.1979 accepting the Writ Petition No. 1355 of 1975 filed by Sh. Abdul Haq and Sons Ltd, respondent No. 1. 2. The brief facts of the case are that by an agreement of lease dated 30.6.1973 made between the Crescent Factory Ltd and Sh. Abdul Haq and Sons Ltd, the former Company leased the Vegetable Ghee Mills, New Unit, situate in Chichawatni, to the latter Company for a period of 11 months commencing from 1.7.1973 and ending on 31.5.1974. The rent was fixed at the rate of Rs. 1,15,000/- per quarter (namely three months). The lessee Company assumed full responsibility for payment of all taxes, levies and fees on its income, profits, production and operations. 3. The Hydrogenated Vegetable Oil Industry (Control and Development) Ordinance, XIX 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…

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