2010 GBLR 136 (PLP)
PROVINCIAL GOVERNMENT through Chief Secretary, NAs Gilgit and 4 others — Petitioners Versus Mir GHULAM SARWAR, SENIOR ADVOCATE NORTHERN AREAS CHIEF COURT and 2 others-. — Respondents
| Citation | 2010 GBLR 136 (PLP) |
| Forum / Court | Northern Areas Supreme Appellate Court |
| Bench Members | Muhammad Nawaz Abbasi, C.J. and Muhammad Yaqoob, J |
| Parties | PROVINCIAL GOVERNMENT through Chief Secretary, NAs Gilgit and 4 others — Petitioners Versus Mir GHULAM SARWAR, SENIOR ADVOCATE NORTHERN AREAS CHIEF COURT and 2 others-. — Respondents |
Q1: What are the key laws and sections cited in 2010 GBLR 136 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 GBLR 136 (PLP)?
The case was heard and decided by the Northern Areas Supreme Appellate Court bench comprising: Muhammad Nawaz Abbasi, C.J. and Muhammad Yaqoob, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 GBLR 136 (PLP) (PROVINCIAL GOVERNMENT through Chief Secretary, NAs Gilgit and 4 others — Petitioners Versus Mir GHULAM SARWAR, SENIOR ADVOCATE NORTHERN AREAS CHIEF COURT and 2 others-. — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mir GHULAM SARWAR, SENIOR ADVOCATE NORTHERN AREAS CHIEF COURT and 2 others-.---Respondents
- Advocate-General Gilgit-Baltistan.
- Manzoor Ahmed, Advocate, Respondent No.3 present in person.
- This petition has been preferred against judgment dated 28-5-2008 passed by Chief Court whereby notification dated 31st May, 2001 regarding the payment of development charges on the transfer of immoveable property issued by the Provincial Government of Northern Areas under section 53 of the Local Government Ordinance, 1379 has been struck down on the ground that no such Tax/Fee can be levied without the approval of the Local counsel as provided therein. The learned Advocate-General submitted that a proper resolution was passed by the Council and notification was issued strictly in accordance with provision of Section 53 Ibid read with sixth Schedule of the Ordinance. This is stated that notification was issued by an officer of the Provincial Government as delegatee of the Chief Secretary without any resolution of Local Council and perusal of the comments submitted to the writ petition on behalf of the Provincial Government would show that no such resolution was passed by the Council rather notification was issued by the Provincial Government without the resolution of Local Counsel beyond the scope of section 53 of the Ordinance.
- Having heard the learned Advocate-General and going thorough the record and relevant provision of law with his assistance, we have not been able to find out any legal defect in the judgment of Chief Court calling for our interference, consequently this petition being without any substance is dismissed.
Headnotes / Summary
S.53
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Arts.60(13) & 71
Development charges
Transfer of immovable property
Issuance of notification
Provincial Government, jurisdiction of
Chief Court in exercise of jurisdiction under Art.71, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, set aside notification regarding payment of development charges on transfer of immovable property
Notification was issued by officer of Provincial Government as delegatee, without any resolution of local council and no such resolution was passed by the Council--Issuance of such notification by Provincial Government was beyond the scope of S.53 of Gilgit-Baltistnn Local Government Ordinance, 1979
Supreme Court declined to interfere in the judgment passed by Chief Court
Leave to appeal was refused.
Judgment & Decree
This petition has been preferred against judgment dated 28-5-2008 passed by Chief Court whereby notification dated 31st May, 2001 regarding the payment of development charges on the transfer of immoveable property issued by the Provincial Government of Northern Areas under section 53 of the Local Government Ordinance, 1379 has been struck down on the ground that no such Tax/Fee can be levied without the approval of the Local counsel as provided therein. The learned Advocate-General submitted that a proper resolution was passed by the Council and notification was issued strictly in accordance with provision of Section 53 Ibid read with sixth Schedule of the Ordinance. This is stated that notification was issued by an officer of the Provincial Government as delegatee of the Chief Secretary without any resolution of Local Council and perusal of the comments submitted to the writ petition on behalf of the Provincial Government would show that no such resolution was passed by the Council rather notification was issued by the Provincial Government without the resolution of Local Counsel beyond the scope of section 53 of the Ordinance. Having heard the learned Advocate-General and going thorough the record and relevant provision of law with his assistance, we have not been able to find out any legal defect in the judgment of Chief Court calling for our interference, consequently this petition being without any substance is dismissed. M.H./38/Glt. Petition dismissed.