GHARIBWAL CEMENT LIMITED vs The PROVINCE OF PUNJAB through Secretary, Mines and Minerals Department art

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GHARIBWAL CEMENT LIMITED VS The PROVINCE OF PUNJAB through Secretary, Mines and Minerals Department art.24---Punjab Mining Concession Rules, 2002, Rr. 68(2) & 73(3)---Constitutional protection of property rights---Scope---Payment of mark-up on outstanding amount of royalty and rentals---Constitutionality---Clause (1) of art. 24, without equivocation, states that no person shall be deprived of his property save in accordance with law---The right to hold on to property, thus, is a fundamental right and can only be infringed if the law so permits---If the rule-making power of the Provincial Government does not extend to the impost of mark-up then art. 24 is triggered and judicial review must be employed to undo the essential wrongness of the action. Definition, concept and scope---Unjust enrichment means 'any unequal transfer of value without an adequate legal basis'---There are three elements to the cause of action on the basis of unjust enrichment; i) an enrichment of the defendant; ii) a corresponding deprivation of the plaintiff; and iii) an absence of juristic reason for the enrichment---For a claim of unjust enrichment to succeed, there must be enrichment at the expense of the plaintiff and this enrichment must be unjust in such a way that there should be no lawful justification for the same. Delegated legislation---Scope---Delegated legislation is intended to advance the purpose of primary legislation and if a rule goes beyond the rule-making power conferred by the statute or if a rule supplants any provision for which power has not been conferred it becomes invalid---So the rule is that a charge must be imposed by clear and unambiguous language in the statute itself---If there is none, then no power vests in the delegatee to do so by implication through Rules---Delegated power to make rules is circumscribed by the strict periphery of powers defined in the statute itself which cannot be exceeded to assume more powers than granted by the delegator.

GHARIBWAL CEMENT LIMITED vs The PROVINCE OF PUNJAB through Secretary, Mines and Minerals Department art — 2026 PLD 54 LAHORE-HIGH-COURT-LAHORE

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