GOVERNMENT OF BALOCHISTAN vs ATTOCK CEMENT PAKISTAN LIMITED R — 2024 SCMR 876 SUPREME-COURT

Case information

Citation: 2024 SCMR 876 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: GOVERNMENT OF BALOCHISTAN vs ATTOCK CEMENT PAKISTAN LIMITED R
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF BALOCHISTAN VS ATTOCK CEMENT PAKISTAN LIMITED R. 102(1)---Mining lease agreements with the Provincial Government---Notification that has received ex-post facto approval by the Provincial Cabinet---No retrospective applicability---Secretary Mines and Minerals Department, Government of Balochistan by virtue of a notification No. SOT(MMD)4-1/2017/748-68 dated 06.09.2017 ("impugned notification") revised and enhanced the rates of application fee relating to mineral titles and mineral concessions mentioned in the first schedule, rates of annual rentals mentioned in the second schedule, and the royalties mentioned in the third schedule, part II and part III of the Balochistan Mineral Rules, 2002. ("Rules of 2002")---Legality---Perusal of the record reveals that neither the Chief Minister nor the Cabinet made any decision regarding price fixation prior to the issuance of the impugned notification which was solely passed by the Secretary Mines and Mineral Department, Government of Balochistan---Subsequently, on 01.02.2022, the Cabinet authenticated the impugned notification through ex-post facto approval---High Court had correctly determined that the impugned notification takes effect from the date of authentication/approval by the cabinet, i.e. 01.02.2022---This interpretation aligns with the principle that if the provincial cabinet provides ex-post facto approval, the validity of the notification is recognized from that date of approval and cannot be applied retrospectively---Petitions were dismissed and leave was refused.

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