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MESSRS NATIONAL HIGHWAY AUTHORITY versus THE CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB

23R 234 - Punjab Land Revenue Act (XLV11 of 1967), Section 49 - Constitution of Pakistan, Article 199 - Constitutional Application - Alternative Remedies Remedy Controversy petition The applicant's complaint was that the authorities sought the mineral for the respondent Had issued a mining license. Land already acquired by the applicant idity justification - The question of land ownership under reference was a factual dispute which could not be decided under the constitutional jurisdiction of the High Court - Punjab Mining Concession Rules, 2002 Appeal was granted under R234, treatment was not taken advantage of by the applicant and they filed a constitutional petition directly - the constitutional jurisdiction of the High Court could not be taken if there was an alternative alternative. * Minerals "and" land "were two separate entities and could be owned or owned by public property. Or private sectors but minerals could not be acquired - all minerals below ground level, either Government or any other private person or institution, which belonged to the Government Question Question The land under the jurisdiction of the Punjab province was underground and the land under this land was owned by the Punjab Government - no applicant There was no surveyor. Also, the government can issue a public auction notice for the issuance of Punjab mining license. S and consequently the lease agreement and the applicant also had no concrete stand for the same challenge circumstances In the circumstances the constitutional application was dismissed [pp 392, 394] A, B & C *

P L D Lahore 390 

Before Atir Mahmood, J

Messrs NATIONAL HIGHWAY AUTHORITY through Duly Authorised Director (Legal)—-Petitioner

versus

The CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and 5 others—Respondents

Writ Petition No. 1779 of 2005, heard on 24th November, 2016.

Punjab Mining Concession Rules; 2002—

—R. 234—Punjab Land Revenue Act (XLV11 of 1967), S.49— Constitution of Pakistan, Art. 199—Constitutional petition—-Alternate remedy—Factual controversy—Grievance of petitioner was that authorities had issued mining licence for exploration of minerals to respondent for the land which was already acquired by petitioner— Validity—Question of ownership of land under reference was a matter of factual controversy which could not be decided under Constitutional jurisdiction of High Court—Appeal was provided under R.234 of Punjab Mining Concession Rules, 2002, which remedy was not availed by petitioner and had directly filed Constitutional petition— Constitutional jurisdiction of High Court could not be invoked if there was some alternate remedy available—*Minerals” and “land” were two distinct commodities and land could be owned or acquired by public or private sectors but minerals could not be acquired—All minerals beneath the surface of land, either it was owned by government or any other private person or body, were property of government concerned-  Land in question was within the territorial jurisdiction of the Province of Punjab and mines and minerals under the land in question were owned by Punjab Government—Petitioner had no concern therewith and Punjab Government could issue public auction notice for issuance of mining licence and could make lease agreement in result thereof and petitioner had no locus standi to challenge the same—Constitutional petition was dismissed in circumstances. [pp. 392, 394] A, B & C*

Water and Power Development Authority and another v.

Assistant Director Mines and Minerals, Attock and others PLD 2012 Lah. 83 and Water and Power Development Authority (WAPDA) through its G.M. and Project Director Attock and another v. The Assistant Director, Mines and Mineral Attock and others C.A. No. 123/2013 reL

Ms. Shahina Akbar for Petitioner.

Tanvir Iqbal Khan for Respondents.

Rashid Hafeez, Additional Advocate-General and Rashid Latif, Assistant Director, Mines and Mineral Department for the State.

Date of hearing: 24th November, 2016.

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