| Case ID |
25d4cde3-8f1f-4747-8698-64ab0d25050d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 212 of 1993 |
| Decision Date |
Oct 13, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, which had dismissed the writ petition of the petitioner, Muhammad Shafi. The petitioner contended that the No Objection Certificate (N.O.C.) for the installation of a petrol pump, granted on November 11, 1989, was wrongfully cancelled by the Deputy Commissioner without a hearing, despite significant investments made by the petitioner. The Court acknowledged the merit of the contentions raised by the petitioner regarding the cancellation process and the lack of notice or hearing before the cancellation occurred. It also noted that the petitioner had legal standing to challenge the cancellation on behalf of the petroleum company. The case highlights the importance of due process in administrative decisions and the rights of individuals and entities to contest such decisions in a timely manner. |
| Summary |
In the case of Civil Petition No. 212 of 1993, the Supreme Court of Pakistan addressed the issue of the cancellation of a No Objection Certificate (N.O.C.) for a petrol pump installation. The petitioner, Muhammad Shafi, argued that the N.O.C. was unjustly revoked after a year, during which time he made significant investments. The Deputy Commissioner cancelled the N.O.C. without a hearing, based on a complaint from respondent Altaf Hussain, who alleged misrepresentation of facts regarding land ownership. The Court emphasized the necessity of adhering to legal procedures and granting individuals the right to be heard before such administrative actions are taken. The decision underscores the significance of protecting vested rights and ensuring that due process is followed in administrative matters. This case is a pivotal example of the intersection between administrative law and property rights, demonstrating the judicial system's role in upholding legal standards in the face of potentially arbitrary decisions by governmental authorities. The ruling serves to reinforce the principles of fairness and transparency in administrative proceedings, making it a notable reference in discussions surrounding administrative law and property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan State Oil Company
|
| Judges |
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD SHAFI
|
| Respondents |
COMMISSIONER, RAWALPINDI DIVISION,
Altaf Hussain s/o Haji Nooruddin
|
| Citations |
1994 SLD 536,
1994 SCMR 283
|
| Other Citations |
Not available
|
| Laws Involved |
Petroleum Rules, 1937,
Constitution of Pakistan (1973)
|
| Sections |
R.122,
Art. 185 (3)
|