| Case ID |
31a8752a-6077-40db-9e31-ebcd5fabc425 |
| Body |
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| Case Number |
Intra-Court Appeal No. 1 of 2002 |
| Decision Date |
Feb 03, 2002 |
| Hearing Date |
Jan 17, 2002 |
| Decision |
The Lahore High Court ruled that the Intra-Court Appeal was maintainable despite the respondents' contention that appeal under Rule 48 of the Punjab Minor Minerals Concession Rules, 1990 was provided. The court found that the notification issued by the Governor of Punjab did not provide an appeal process against it, thus validating the appeal. The court emphasized the importance of balancing environmental protection with the rights of lessees and directed the Government to consider the appellants' contentions in a lawful manner. The decision reinforced the notion that the Government has responsibilities concerning environmental matters while also considering the welfare of individuals affected by such regulations. |
| Summary |
This case revolves around the maintainability of an Intra-Court Appeal concerning the Punjab Minor Minerals Concession Rules, 1990. The appellants, running a stone-crushing business, challenged a notification from the Governor declaring their leased land as a 'buffer zone' for environmental protection. The Lahore High Court ruled that the appeal was valid due to the absence of an alternative appeal process against the Governor's notification. The court highlighted the balance between environmental concerns and the rights of lessees, emphasizing the Government's duty to address environmental issues while also considering the livelihoods impacted by such regulations. This ruling is significant in the context of environmental law and mineral rights, offering insights into how courts interpret the intersection of regulatory authority and individual rights in the realm of resource extraction. |
| Court |
Lahore High Court
|
| Entities Involved |
Director of Industries and Mineral Development, Punjab,
Stone Crushers Association, Taxila
|
| Judges |
M. JAVED BUTTAR,
MUHAMMAD SAEED AKHTAR
|
| Lawyers |
Sh. Zameer Hussain,
Maqbool Elahi Malik, A.G., Punjab
|
| Petitioners |
others,
MUHAMMAD NIAZ MALIK
|
| Respondents |
others,
PROVINCE OF PUNJAB
|
| Citations |
2002 SLD 1862,
2002 CLC 696
|
| Other Citations |
Rural Litigation and Entitlement Kendra, Dehradun and others v. State of U.P. and others AIR 1985 SC 652,
Rural Litigation and Entitlement Kendra and others v. State of U.P. and others AIR 1987 SC 359,
Javaid Iqbal Abbasi & Company v. Province of Punjab and 6 others 1996 SCMR 1433,
Saeed Afzal v. Mumtaz Hussain and others 1994 SCMR 2085,
Pakistan through Ministry of Works, Government of Pakistan, Karachi and another v. Muhammad Ali and others PLD 1960 SC 60,
Hamabai Framjee v. Secretary of State for India AIR 1914 PC 20,
Pakistan through the Secretary, Ministry of Defence v. Province of Punjab and others PLD 1975 SC 37,
Muhammad Akbar through Legal Representatives and 7 others v. The Commissioner, Rawalpindi Division and 2 others PLD 1976 Lah. 747,
Muhammad Ashraf Khan v. Revenue E.A.C. and 7 others 1980 CLC 1504
|
| Laws Involved |
Punjab Minor Minerals Concession Rules, 1990,
Law Reforms Ordinance (XII of 1972),
Regulations of Mines and Oilfields and Mineral Development (Government Control) Act (XXIV of 1948)
|
| Sections |
S. 48,
R. 31,
S. 3,
S. 6
|