D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S

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D. G. KHAN CEMENT COMPANY LTD. VS GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S. 3---Constitution of Pakistan, Arts. 18 & 25---Restrictions on establishment of industrial undertakings---Zoning of area as 'negative' area---Whether discriminatory and infringement of right to trade and business---By way of impugned notification establishment of new cement plants, and enlargement and expansion of existing cement plants was not allowed in the "Negative Area" falling within the Districts 'C' (Chakwal) and 'K' (Khushab)---Petitioner-company that owned and ran a cement manufacturing plant in District 'C' challenged the notification on the ground that its right to freedom of trade, business and profession guaranteed under Art. 18 of the Constitution was infringed and the actions of the Provincial authorities unreasonably discriminated between the petitioner and other cement manufacturers---Held, that the rights granted under Art. 18 of the Constitution were "subject to such qualifications" that had been "prescribed by law"---Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 ('the Ordinance') forbade the setting up of any industrial undertaking except by the prior written permission of the Government---Placing an embargo on establishment and expansion of cement plants in the Negative Area to provide for organized and planned growth of industries in the Province in line with the objectives of the Ordinance did not offend Art. 18 of the Constitution---Furthermore the decision to impose a ban on the establishment and expansion of cement plants was not taken to benefit or punish anyone but to ensure the organized and planned growth of industry in the Province in view of the findings of a multidisciplinary study which provided reasonable basis for zoning of project area without violating Art. 25 of the Constitution---Impugned notification was in accordance with the provisions of the Ordinance and negative area could be planned and designed banning industrial activity within its bounds---Petitioner-company was not allowed to enlarge or enhance the capacity of its existing cement plant till such time that the Negative Area subsisted---Petition for leave to appeal was dismissed and leave was refused.

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

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