PAKISTAN SHIP BREAKER'S ASSOCIATION vs GOVERNMENT OF BALOCHISTAN, through Secretary Ministry of Planning and D

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PAKISTAN SHIP BREAKER'S ASSOCIATION VS GOVERNMENT OF BALOCHISTAN, through Secretary Ministry of Planning and Development, Quetta S. 18(2)(d) & (e)---Balochistan Ship Breaking Industry Rules, 1979, R. 15(2)---Levy of "Tonnage Charges" or "Royalty"---Reduction---Approval of the cabinet---Settlement between the Pakistan Ship Breakers Association and Balochistan Development Authority (BDA) as to reduction of Tonnage Fee without approval of Cabinet---Legality---Misconstruing a court's historical summary as a mandate for specific action of reducing tonnage fee---Effect---Petitioners challenged a letter from the BDA directing the Pakistan Ship Breakers Association to pay a tonnage fee at the rate of Rs. 800 per ton on the ground that the competent authority had withdrawn its previous order regarding fixation of a reduced tonnage fee passed on the basis of settlement between the BDA and Pakistan Ship Breakers Association---Validity---Under S. 18(2)(d) & (e) of the BDA Act, the BDA could impose "tonnage charges" or "royalty" only with the previous sanction of the Government and since no previous sanction of the Government was obtained by the Competent Authority while reducing tonnage fee from Rs.800/- per ton to Rs.350/- per ton, therefore, fixation of tonnage fee at Rs.350/- per ton was not in accordance with law---No direction regarding reducing of tonnage fee from Rs.800/- per ton to Rs.350/- per ton was issued by High Court, thus, the BDA had misconstrued the order passed by High Court---Chairman BDA had admitted that approval regarding decrease of tonnage fee from Rs.800/- per ton to Rs.350/- per ton had not been accorded by the Competent Authority, thus, the contention of petitioners that certain right had been created in their favour by fixing the rate of tonnage fee @ Rs.350/- per ton had no substance as the Competent Authority, which in the cases in hand was Government of Balochistan, had never approved the said rate, rather the Provincial Cabinet had fixed the rate of tonnage fee @ Rs.800/- per ton and in this regard the requisite Notification had already been issued by the BDA---High Court directed the Chairman BDA to strictly act in accordance with law and charge the tonnage fee as per the BDA Act and the rules framed thereunder without being influenced from any observation made in the judgments of High Court---Constitutional petitions were disposed of, accordingly.

PAKISTAN SHIP BREAKER'S ASSOCIATION vs GOVERNMENT OF BALOCHISTAN, through Secretary Ministry of Planning and Development, Quetta S — 2025 CLC 769 QUETTA-HIGH-COURT-BALOCHISTAN

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