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UNITED MINING COMPANY vs GOVERNMENT OF SINDH Preamble — 2026 CLC 777 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2026 CLC 777 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2026
Reporter
CLC
Parties
UNITED MINING COMPANY vs GOVERNMENT OF SINDH Preamble
Subject matter
Constitutional
Provisions referred to
S. 20---C; Preamble---Sindh Coal Act; Sindh Coal Act

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

UNITED MINING COMPANY VS GOVERNMENT OF SINDH Preamble---Sindh Coal Act, 2012 (XXVIII of 2013), S.20---Constitution of Pakistan, Art.199---Constitutional petition---Notices issued under Rules framed without lawful approval, challenge to---Subordinate legislation---Cabinet approval---Mandatory requirement---Non-compliance, effect of---Ex post facto approval---Validity and scope---Briefly, the petitioners (mining companies) filed the present constitutional petition challenging the validity of the Sindh Coal Mines Rules, 2016 framed under the Sindh Coal Act, 2012, on the ground that the Rules were promulgated without prior approval of the Cabinet and thereafter notices were issued to them under the said Rules requiring compliance in respect of various matters; during proceedings, it was acknowledged that Cabinet approval had not been obtained at the time of framing of the Rules but was subsequently granted, and the petitioners sought relief against the impugned notices issued under the said Rules---Held: Rules framed without prior approval of the cabinet were of no effect---High Court set aside the impugned notices on the ground that the same were anchored in the rules which were not framed in accordance with the requirement of ratio laid down by the Supreme Court---Moreover, no action in terms of the said rules were to be taken unless the matter was reconsidered by the cabinet and the fresh rules were framed---Constitutional petition was disposed of, in circumstances.

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