Citation Name: 2024 CLC 167 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FRIENDS COAL COMPANY vs The GOVERN

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Citation Name: 2024 CLC 167 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FRIENDS COAL COMPANY VS The GOVERNMENT OF BALOCHISTAN, CIVIL SECRETARIAT through Secretary Mines R. 46---Mining lease, cancellation of---Opportunity of hearing not given---Effect---Mining lease for exploration of coal for period of 20 years was granted to the petitioner but the same was cancelled just after six years by the respondent (Director General Mines and Minerals) vide notification and the respondent (Secretary Mines and Minerals) also dismissed appeal preferred by the petitioner---Validity---Impugned notification/order revealed that mining lease, having been granted to the petitioner, was cancelled on account of non-submission of lease deed, exploration scheme and demarcation certificate within time---However, the impugned notification/order did not reflect that before cancellation, any notice was issued to the petitioner or any order of satisfaction under Cl. (2) of R.46 of Balochistan Mineral Rules, 2002, ('the Rules, 2002') was drawn---Clause (2) of R. 46 of the Rules, 2002 manifested that the licensing Authority had to satisfy itself that the delay in execution was nether caused by the petitioner nor was due to the circumstances beyond the control of the petitioner, which inquiry did not seem to have taken place, in the present case, before cancellation of Mining License which (non-holding of inquiry) not only offended the said provision but the principle "Audi Alteram Partem" as well as the petitioner had not been provided with an opportunity of hearing by the respondent (DG Mines and Minerals) before cancellation of Mining License---Similarly the respondent (Secretary Mines and Minerals)being appellate Authority also did not consider said aspect of the matter and endorsed the notification of cancellation of Mining License, through a non-speaking order by dismissing the appeal , which had made the same illegal and perverse---Petitioner had made out a case for the High Court to intervene by invoking jurisdiction under Art. 199 of the Constitution---High Court set aside impugned notification/ order passed by the respondents declaring the same null and void without any legal effect and remitted the case to the respondent (DG Mines and Minerals) to afford opportunity of hearing to the parties at lis and decide the case on merits---Constitutional petition was partly allowed, in circumstances.

Citation Name: 2024 CLC 167 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FRIENDS COAL COMPANY vs The GOVERNMENT OF BALOCHISTAN, CIVIL SECRETARIAT through Secretary Mines R — 2024 CLC 167 QUETTA-HIGH-COURT-BALOCHISTAN

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