2003 PLP 1742 (SCMR)
LAHORE DEVELOPMENT AUTHORITY and others — Petitioners Versus SEVEN-UP BOTTLING COMPANY (PVT.) LTD. and others — Respondents
| Citation | 2003 PLP 1742 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Falak Sher, JJ |
| Parties | LAHORE DEVELOPMENT AUTHORITY and others — Petitioners Versus SEVEN-UP BOTTLING COMPANY (PVT.) LTD. and others — Respondents |
| Primary Law | Lahore Development Authority Act (XXX of 1975) |
Q1: What are the key laws and sections cited in 2003 PLP 1742 (SCMR)?
This judgment primarily cites: Lahore Development Authority Act (XXX of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1742 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1742 (SCMR) (LAHORE DEVELOPMENT AUTHORITY and others — Petitioners Versus SEVEN-UP BOTTLING COMPANY (PVT.) LTD. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Manan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners.
- Sher Zaman Khan, Advocate Supreme Court, Ali, Ahmed Awan, Advocate Supreme Court, Sh. Salahuddin, Advocate-on-Record and Shahid Saeed, Advocate-on-Record, for Respondents.
- Date of hearing: 10th February, 2003.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 12-9-2002 passed in Writ Petitions Nos. 5683, 5783, 4524 of 1988, 21816 of 2000, 5680 of 1988, 4566 of 1994, 5262 of 1989, 1913 of 2000, 5707 of 1988, 1533 of 2000, 5655 of 1988, 11607 of 1996, 2159 of 1992, 4588 of 2000, 1597 of 2000, 6121 of 1994, 14960 of 1999, 9245 of 1991, 11610 of 1996, 9564 of 1998, 1734 of 1989, 6007 of 1988, 1743 of 1989, 8424 of 2002, 1161 of 1996, 5646 of 1988, 11091 of 1991, 4922 of 1989, 7149 of 1989, 312 of 1989, 1912 of 2000, 11612 of 1996, 311 of 1989, 20024 of 2001, 17753 of 1995, 14959 of 1999, 4088 of 1993, 14647 of 1999, 11613 of 1996, 4162 of 2000, 313 of 1989, 11609 of 1996, 4091 of 1991, 8987 of 1991, 314 of 1989, 4595 of 1998, 4525 of 1988, 11608 of 1996, 14790 of 1999, 4305 of 1989, 382 of 1989, 359 of 1989, 315 of 1989 and 5831 of 1988 respectively).
S.29(2)
Constitution of Pakistan (1973), Art. 185(3)
Such fee was assailed before High Court in exercise of Constitutional jurisdiction
High Court set aside the fee imposed by Lahore Development Authority for the reason that the same was against the provisions of S.29(2) of Lahore Development Authority Act, 1975-- Validity
Only installation of tubewells without permission of Lahore Development Authority had been prohibited under S.29(2) of Lahore Development Authority Act, 1975
Lahore Development Authority could not levy fee on tubewells under S.29 of Lahore Development Authority Act, 1975
Judgment passed by High Court was in accordance with the provisions of Lahore Development Authority Act, 1975, and did not suffer from any illegality
Leave to appeal was refused.
Judgment & Decree
MUNIR A. SHEIKH, J.
By this common judgment, we propose to decide the above petitions involving identical questions of law and facts.
2. These petitions have been directed against a common 0gment dated 12-9-2002 of the Lahore High Court, Lahore, through which Constitutional petitions filed by the respondents challenging the legality of notification issued by the petitioners for levy of aq8ifer-fee on the tubewells installed by the writ petitioners in their premises have been accepted and the levy of the said fee declared illegal, against which leave is sought.
3. The relevant provision of the Lahore Development Authority Act, 1975 (XXX of 1975) as regards charging of aquifer-fee is section 29 as it stood before amendment which reads as under:-- "
29. Fees on tubewells.
(1) The Authority shall have the exclusive right to use ground water resources within the area. (2) The Authority may levy rates on private persons or private bodies who have installed or may install tubewells within its jurisdiction." It is manifest from subsection (2) that before amendment of this provision of the Act, the Lahore Development Authority was vested with the power to levy rates on all the private persons or private bodies who had installed or may install tubewells within its jurisdiction, but this subsection was amended through the Act No. XXX of 1975 and subsection (2) was substituted by following subsection (2):-- "(2) No person shall, without the permission of the Authority, install a tube-well at such places within the Area, as may be notified from time to time in the official Gazette by the Authority."
4. It is clear from a bare reading of substituted subsection (2) that instead of levying rates on the tubewells, it has been provided that only' installation of tubewells without permission of the Lahore Development. Authority has been prohibited therefore, there was no question of levy of rates through the notification impugned in the Constitutional petitions as such power no longer vested in the Lahore Development Authority therefore, the impugned judgment being in accordance with the provisions of the Act governing the subject does not suffer from any legal infirmity therefore, these petitions have no merits which are accordingly dismissed and leave refused. M.H./L-37/S Petition dismissed.