| Citation(s) |
|---|
| 2007 SLG 429 2007 SLD 429 2007 PLD 68 |
Peshawar High Court
Writ Petition No. 1510 of 2005 with C.M. Nos. 522, 536 and 686 of 2006, decided on 21st December, 2006. DATE of hearing; 7th December, 2006
TARIQ PARVEZ KHAN, C.J. AND MUHAMMAD QAIM, JAN KHAN, J
Yahya Khan Afridi for Petitioner. Pir Liaqat Ali Shah, A.A.G. for
Respondents. Qazi Muhammad Anwar for
Respondent. Qazi Muhammad Jamil and Jawad Hassan for
Respondent
Writ Petition No. 1510 of 2005 with C.M. Nos. 522, 536 and 686 of 2006, decided on 21st December, 2006. DATE of hearing; 7th December, 2006
TARIQ PARVEZ KHAN, C.J. AND MUHAMMAD QAIM, JAN KHAN, J
Yahya Khan Afridi for Petitioner. Pir Liaqat Ali Shah, A.A.G. for
Respondents. Qazi Muhammad Anwar for
Respondent. Qazi Muhammad Jamil and Jawad Hassan for
Respondent
TANDLIANWALA SUGAR MILLS LIMITED
VS
NORTHWEST FRONTIER PROVINCE through Secretary, Industries, Commerce, Mineral Development, LabOUR and Technical Education and 4 others
Law: West Pakistan Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963)
Section: 1,2,3,3(1)
Law: North West Frontier Province Adaptation of Laws Order, 1975
Section: 1,2
West Pakistan Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963)--- ----Ss. 1, 2 & 3 [as amended by North-West Frontier Province Amendment of Laws Act (IV of 1976)]---North-West Frontier Province Adaptation of Laws Order, 1975, Ss, 1 & 2---Establishment of new Sugar Mills or its extended plant within limits of' D.I. Khan District---Notification No.SOII/IND)10-355/Vol. IX, dated 14-5-2005 and Notification No.SAOII(AD)4(21)/KC/2005, dated 24-5-2005 issued under S.3 of West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 by Government of North-West Frontier Province making essential obtaining of No objection Certificate from Government prior to establishment of such Mills---Validity---Notification No.II-1-35/59, dated 19-11-1963 issued by Government of West Pakistan under S.3(1) of the Ordinance specifically excluded D.I. Khan District from application of' the Ordinance---During subsistence of Province of' West Pakistan or after establishment of North-West Frontier Province, such Notification dated 19-11-1963 had not been repealed, withdrawn, changed, altered or amended---Provisions of West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963 including S.3 thereof were not applicable to area of D.I. Khan, thus, no permission would be required from Provincial Government for establishment of Sugar Mills in said District---Provincial Government had general powers to allow any number of Sugar Mills subject to reasonable discretion considering feasibility of number of Sugar Mills in the area subject to availability of sugarcane and considering environmental hazards---Such notifications dated 14-5-2005 and 24-5-2005 issued by Provincial Government had become redundant---Principles. PLD 1957 Lah. 914; PLD 1963 SC 564; PLD 1969 SC 223; PLD 1971 SC 252; PLD 1960 SC 31; 1981 SCMR 916; PLD 1964 SC 829; 2004 YLR 521 and 2005 SCMR 678 ref. JUDGMENT TARIQ PARVEZ KHAN, C J.---This writ petition (No.1510 of 2005) and two connected Writ Petitions bearing Nos. 1710/2005 and 1449/2006, can be disposed of' through this single judgment as ultimate point of law involving their decision is common…
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