Law:

Section:

West Pakistan Delegation of Powers under the Official Rules and the Powers of the Re-appropriation Rules, 1962--- ---Sr. No.7 in Part-II---Constitution of Pakistan (1973), Art.199---Constitutional petition---Extension in lease---Fishing rights in lake owned by Government were awarded in favour of petitioner for one year---Later on, the authorities without any advertisement in newspapers and calling for proposal from public, extended fishing rights for five years, in favour of petitioner---Validity---Lake which was leased out to petitioner was spread over an area of 9 square miles---On account of its vast area and potential of earning huge income, it ought to have been specifically described in advertisement in order to attract offers which commensurate with its fishing potential and no such details were published in newspaper---Advertisement neither described name of lake, nor area or its location---All such was deliberately done so that not many prospective bidders could be attracted and there remained room to lease out the lake at throw away rates to benefit their favoured persons and bring in un-accounted personal benefits for functionaries of forest department---Dishonest intention in the entire process was evident on the part of functionaries of forest department---Manner in which lake was leased and its subsequent extension was based on dishonesty, without lawful authority and of no legal effect---Extension in lease made on the basis of such illegal grant to be void ab initio---High Court directed the authorities to re-auction the lake after describing all its necessary details in newspaper such as the name of lake, its area, its location and boundaries---Petition was disposed of accordingly. ORDER By this common order we shall dispose of both the petitions. 1. The case of the petitioner is that by virtue of publication made in the newspapers, fishing rights in the lakes and water areas of Sindh were auctioned by Forest Department. The auction for Sukkur area was held by the District Forest Officer of Afforestation on 3-10-2007. The petitioner was declared successful bidder of the lake Sundrani in the old Gublo Forest and was awarded the fishing rights…

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