D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S — 2021 SCMR 834 SUPREME-COURT

Case information

Citation: 2021 SCMR 834 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S
Provisions referred to: S. 3---R; S. 3

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

D. G. KHAN CEMENT COMPANY LTD. VS GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S. 3---Restrictions on establishment of industrial undertakings---Zoning and classification of land---Declaring an area as 'positive' or 'negative' area---Purpose and scope---Authority to regulate land use, introduce zones or negative or positive areas, was recognized as the police power of the state, asserted for public welfare---Zoning of the Province into positive and negative areas was a means towards achieving organized and planned industrial growth without impinging on the social, environmental, ecological, civic and economic interests of the locals---Zoning divided land into distinct geographical areas and imposed restrictions with respect to use of land in each area---Such regulatory controls allowed or disallowed use of land in a particular geographical zone, therefore, any application requesting permission to establish or enlarge an industrial undertaking under S. 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 ('the Ordinance') in an area that was already marked as a zone (negative or positive) was decided accordingly---Organization and planning under the Ordinance was, therefore, in effect, actualized on the basis of the parameters mentioned under S. 3(b) of the Ordinance.

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