1996 PLP 1580 (MLD)

Khadim Ali Shoro for Petitioner. Abdul Fateh Malik for Respondent No.4. Abdul Ghani Shaikh, A. A.‑G. This petition is directed against the 'quarry licence for hard lime stone' granted to the respondent No.4 by respondent No.2's letter dated 24‑5‑1995, permitting the former to start quarrying operations in the area specified in the letter. Mr. Khadim Ali Shoro attacks the grant of licence on the grounds that the quarries in question are in the occupation of the petitioner and he has been working there as 'labour Jamadar' for last 40 years, that he has been paying royalty to the Government and that in acknowledgement of his right over the quarries, the Chief Inspector of Mines, in exercise of powers under Regulation 21 of the Metalliferous Mines Regulations authorised ‑the petitioner to act as Manger of the mines. Accordingly, it is contended that there was no justification for grant of quarrying licence to respondent No.4 and in any case it could not be granted without notice to the petitioner. Petitioner's counsel, however, failed to substantiate his claim, that the petitioner has been occupying the quarries and working there as labour Jamadar for over 40 years or that he has been paying royalty in respect of the excavates stone. The two documents on which the petitioner relies for his claim over the quarries are, firstly, the communication dated 7‑9‑1992 from Junior Inspector of Mines, Sukkur Division to the Inspector of Mites at Karachi forwarding petitioner's letter, and recommending petitioner's case for the grant of permit to him to act as Mine Manager. The other document relied upon is the permit dated 15‑9‑1992 issued by the Chief Inspector of Mines, Sindh under Regulation 21 of the Metalliferous Mines Regulations authorising the petitioner to act as Mines Manager. The Mines Act, 1923, as well as, the Metalliferous Mines Regulations framed there sunder, Regulate the maintenance and operation of the mines, working conditions and welfare of its employees and matters ancillary, thereto, and have no concern whatsoever with the granting of mining lease or quarrying, exploring or prospecting licence. It was rightly pointed out by Mr. A.G.Shaikh and Mr. Abdul Fateh Malik, that these are matters falling within the sphere of the Regulation of Mines and Oilfields and Mineral Development (Government Control) Act, 1948 and are governed by the Pakistan Mining Concession Rules, 1960 framed there under and as applicable to Sindh. As such we consider that the permit granted by the Chief Inspector of Mines to the petitioner to act as Mine Manager cannot by any stretch be taken to entitle him to occupy the quarries or undertake excavation operation therein. In any case whatever worth the permit was, it expired on 20‑8‑1993. The Mines Act as also the Metalliferous Mines Regulations provide for appointment by the owner a Manager with the prescribed qualification, but under the proviso to Regulation 21(1)(a) of the above Regulations the Chief Inspector has been authorised to permit a person who does not possess the prescribed qualification, to act as manager and seemingly it was in purported exercise of this authority that the permit in question was issued apparently without even as containing the legal status of the petitioner. It seems to us that the permit to act as Mines Manager was manoeuvred by the petitioner through misrepresentation and with the possible connivance of the Junior Inspector of Mines, Sukkur for it is inconceivable that when he recommended petitioner's case he was not aware of the fact that the petitioner had no legal title to the quarries in question. Apparently on the basis of Junior Inspector's recommendation the permit was issued to the petitioner, which was misused by him for undertaking excavation of stones at the site. Perhaps the case calls for a thorough enquiry and appropriate measures to prevent such happenings in future. For the foregoing reasons we find no merit in the petition which we dismiss in limine. H.B.T./A-30/K??????????????????????????????????????????????????????????????????????? Petition dismissed.