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---Punjab Local Government Act (XVIII of 2013), Ss. 4, 72(2)(a), 77(n), 81(1)(d) & 87(1)(g)---Restrictions on establishment of industrial undertakings---Zoning and classification of land---Whether mandate of Provincial Government or Local Government---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 the Provincial Government and its concerned department lacked jurisdiction to issue the impugned notification and only the Local Government under the Punjab Local Government Act, 2013 ("Act") could exercise jurisdiction over matters relating to zoning and classification of land, land use, environment control, water sources and ecological balances---Held, that the present matter involved a trans-district issue which could be dealt with by the Provincial Government exercising the authority conferred by the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 ('the Ordinance')---Even so, the functions of the local government could not mean to trump the executive authority of the Provincial Government---Ordinance of 1963 was a special law compared to the Act and therefore took preference---Furthermore, under S. 4 of the Act, local governments had to function within the provincial framework and were to faithfully observe the federal and provincial laws---In the performance of their functions, the local governments were not to impede or prejudice the exercise of the executive authority of the Provincial Government---Supreme Court upheld the impugned notification---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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