PETROSIN SERVICES HARO (PVT.) LTD., ISLAMABAD vs NATIONAL HIGHWAY AUTHORITY (NHA) HEADQUARTERS, ISLAMABAD S

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PETROSIN SERVICES HARO (PVT.) LTD., ISLAMABAD VS NATIONAL HIGHWAY AUTHORITY (NHA) HEADQUARTERS, ISLAMABAD S. 60---Specific Relief act (I of 1877), Ss. 21(d) & 56(f)---License coupled with interest---Proof---Revocable contract---Service areas on motorway---Petitioner claimed that Concession agreement granted it an exclusive right to undertake the project in question---Validity---Prima facie the Concession agreement did not envisage transfer of any right in Concession area---Right granted to petitioner in Concession area was merely a license to undertake the project at the Concession area---For a finding of license coupled with interest, the licensee must have executed work of permanent character---Possession was not with petitioner therefore, question of execution of work of permanent character did not arise---License was revocable in nature and could not be specifically enforced in view of the bar contained in S. 21(d) of Specific Relief act, 1877---High Court declined to issue any injunction under S. 56(f) of Specific Relief act, 1877---Petitioner was not entitled to possession of land under Concession agreement, pending arbitration---In case petitioner would succeed in pending arbitrations, regarding possession as well as regarding legality of the agreement between respondents, the petitioner would not suffer any irreparable harm as the respondent was required to hand over possession of Concession area to the petitioner---On the other hand if the stay was granted and petitioner would fail in one or the other pending arbitration matters in respect of the Concession agreement, the respondent would be unnecessarily prejudiced by delay and along with it the public which was deprived of access to basic facilities required while travelling on the motorway and as such balance of convenience was also against the petitioner---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PLD 255 ISLAMABADBookmark this Case PETROSIN SERVICES HARO (PVT.) LTD., ISLAMABAD VS NATIONAL HIGHWAY AUTHORITY (NHA) HEADQUARTERS, ISLAMABAD S. 105---Easements Act (V of 1882), S. 52---Lease and license---Distinction---Lease involves transfer of right of enjoyment in immovable property whereas license is simply permission or a privilege to use immovable property in a way which would be unlawful in the absence of such permission---Such permission does not confer any physical rights in immovable property---One chief consideration while determining whether an agreement creates a lease or a license is whether there is any right of exclusive possession given, which when present indicates a lease rather than a license---Lease involves transfer of right in rem, which is heritable / assignable whereas a license is a right in personam which is neither assignable nor transferable.

PETROSIN SERVICES HARO (PVT.) LTD., ISLAMABAD vs NATIONAL HIGHWAY AUTHORITY (NHA) HEADQUARTERS, ISLAMABAD S — 2023 PLD 255 ISLAMABAD

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