Malik ISRAEL vs APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR Ss — 2024 PLD 20 PESHAWAR-HIGH-COURT

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Malik ISRAEL VS APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR Ss. 8-a, 102 & 102-a---Mining Title appeal before appellate Tribunal Mines and Minerals---Maintainability---Petitioner being Mineral Title (Mining Lease) Holder for marble over an area of 200 acres, intended to assign/transfer (lease) of 38.71 acres out of said area in favour of respondent, however, under the process respondent was granted lease of 47.83 acres instead of 38.71 acres---Petitioner, as well as local community known as "Said Khan Kor" ('the local community') assailed said excess lease, which ultimately proceeded before Licensing authority/Mineral Titles Committee ('MTC') where, it was decided to refer the case to Dispute Resolution Committee ('the DRC'), for looking into the matter and submitting its recommendations---Respondent approached the appellate Tribunal Mines and Minerals ('the Tribunal'), whereby his appeal against the order of Licensing authority/Mineral Titles Committee('MTC') was allowed---Petitioner challenged the order passed by Tribunal---Validity---Record revealed that MTC was seized with dispute-in-question, but had not yet finally decided the matter (and rather, merely, had decided to refer the case to the DRC) when the Tribunal entertained the appeal filed by respondent and allowed the same without hearing the petitioner---after report of the DRC, decision regarding allowing assignment or otherwise in favour of respondent was yet to be taken by MTC, thus, entertaining of appeal before decision of MTC was pre-mature as under S. 102 of act, 2017, an appeal was provided against order of Licensing authority (MTC)---When the Licensing authority had not passed final order in the matter, appeal was not maintainable under S. 102 of the act, 2017---In the present case, MTC had just referred the matter for resolution to DRC and had not taken decision regarding grant or refusal of mining title---appeal had clearly been filed at a premature stage---High set aside the impugned order passed by the appellate Tribunal and remanded the matter to Mineral Titles Committee with direction to decide the same afresh---Constitutional petition was allowed accordingly.

Malik ISRAEL vs APPELLATE TRIBUNAL MINES AND MINERALS, PESHAWAR Ss — 2024 PLD 20 PESHAWAR-HIGH-COURT

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