Law:

Section:

(a) Balochistan Mining Concession Rules, 1970--- ----Rr. 32(d) & 47---Conditions laid down in R.32(d) of Balochistan Mining Concession Rules, 1970, non-fulfilment of---Effect---Not necessary for licensee to bring entire leasing area under prospecting work at one and same time---Licensee for non-fulfiling such conditions would forfeit right of renewal of mining lease. (b) Balochistan Mining Concession Rules, 1970--- ----Rr. 7, 32 & 47---Mining lease---Preferential right of owner of mining area to obtain prospecting license or mining lease thereof---Scope---Mineral of coal belonged to Balochistan Government---Owner of mining area by virtue of merely being an owner would not possess such preferential right, but would be entitled only to compensation or royalty. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J. --- Messrs Tribal ..Coal Company Dukki, District Loralai after leave of the Court, have filed this appeal against the judgment dated 28-5-1998 of the High Court of Balochistan passed in Constitution Petition No.432 of 1998. 2. The company, under section 7 of the Balochistan Mining Concession Rules, 1970 (BMC) submitted application to seek the grant of a prospecting licence for an additional area of 123:9 acres to be included in their mining lease already existing since 15-5-1981. The Licensing Authority on 28-2-1991 informed the applicant that the aforesaid area stood already leased out to Messrs Kala Khan Tarin Coal Company Dukki District Loralai (hereinafter to be mentioned as Tarin Coal Company). The -Petitioner's-claim was that the aforesaid property was purchased by them from Tarins and thus, being owner in possession, it be included in the area under their lease. 3. Tribal Coal Company. filed an appeal before the Secretary Industries against the aforesaid order, dated 28-2-1991 of the Licensing Authority who, vide order dated 29-12-1991 remanded the case to the Licensing Authority to decide the matter after examining. the entire Revenue Record and after allowing full opportunity to the opposite leasing company. Against this order of remand. Train Coal Company filed a writ petition which was accepted and the order, dated 29-12-1991 of the appellate…

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