POWER CEMENT LIMITED vs PROVINCE OF SINDH through Secretary, Mines and Mineral Development Department, Karachi

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POWER CEMENT LIMITED VS PROVINCE OF SINDH through Secretary, Mines and Mineral Development Department, Karachi Rr. 2(4), 95, 96 & 99---Regulation of Mines and Oil-fields and Mineral Development (Government Control) Act (XXIV of 1948), Ss. 2 & 4---Constitution of Pakistan, Art.199---Constitutional petition---Royalty---Rates, fixation of---Alternate remedy---Petitioner company was aggrieved of increase in royalty payable on account of minerals so extracted---Validity---Reasonableness of Governments' conduct vis-à-vis enhancement of royalty was visible from minutes of meeting of Rate Fixation Committee which reflected that a rational process was adopted in considering subject of enhancement of royalty in as much as a comparative analysis was made between rates or royalty of various major minerals prevailing in Sindh Province as compared to other Provinces of the country, with it coming to the fore that the domestic rates of shale clay and limestone were significantly lower, albeit the quality of those minerals being either the same or of higher grade than what was found elsewhere, and the rates that were then proposed by way of enhancement were either commensurate to or even lower than the rates prevailing in the other Provinces---Cabinet was not misinformed, as alleged, and the discrepant noting pointed out by petitioners in minutes of the Cabinet meeting did not of itself make out a cogent case for the matter to be reconsidered---If enhancement of royalty brought about through Notification in question was so exorbitant as to threaten the very viability of cement industry, then such concern would fall within the parameters of R. 99 of Sindh Mining Concession Rules, 2002 and petitioners were to firstly make a representation to competent authority in that regard in terms thereof---Constitutional petition was dismissed accordingly.

POWER CEMENT LIMITED vs PROVINCE OF SINDH through Secretary, Mines and Mineral Development Department, Karachi Rr — 2024 PLD 1 KARACHI-HIGH-COURT-SINDH

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