PINDI HAZARA MINING COMPANY vs GOVERNMENT OF WEST PAKISTAN AND 2 — 1971 SCMR 237

Citation: 1971 SCMR 237

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: PINDI HAZARA MINING COMPANY vs GOVERNMENT OF WEST PAKISTAN AND 2 JUDGMENT

Headnotes

Case cited as 1971 SCMR 237

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:PINDI HAZARA MINING COMPANY vs GOVERNMENT OF WEST PAKISTAN AND 2 JUDGMENT Reported As: 1971 SCMR 237 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of the judgment and order of a Division Bench of the High Court (Lahore), dismissing in limine a writ petition filed by the appellant- company to challenge the validity of a tax levied on it by the local District Council, Rawalpindi, on the quarrying, extraction and removal of stone at the rate of 00.50 Paisas per 100 cft., and, similarly, on the quarrying, extraction and removal of stone aggregate (bajri) at the rate of Re. 1.00 per 100 cft. The levy aforesaid by the District Council was sanctioned by the Governor of West Pakistan by a notification dated the 29th of November 1968, issued by him in the exercise of his powers under clause (1) of Article 60 of the Basic Democracies Order of 1959, and sub-rule (2) of rule 7 of the West Pakistan Local Councils (Imposition of Taxes) Rules, 1961. The appel--lant-company was granted a mining lease by the Directorate of Mineral Development, Government of West Pakistan, over an area of about 195.45 acres near Wah Railway Station, in the District of Rawalpindi, for quarrying and extraction of lime--stone, for which it was paying the rents and royalties due to the Government, under the Pakistan Mining Concession Rules. The…

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