Mining concession

2015 YLR 719 PESHAWAR-HIGH-COURT Judicial Precedent

Art. 199Constitutional petitionMining concessionProspecting license, grant ofNew policy, introduction ofRetrospective effectGood governance, equity and fair play, principles ofScope

Petitioner applied for grant of prospecting license and before issuance of the same new policy was introduced and petitioner was directed to reduce the applied area according to the new policy

Validity

Petitioner filed the requisite application prior to the new policy which was kept pending by the department

Petitioner was not on fault in the present case

Public functionaries were required to act with the principles of good governance, equity and fair play

Policy formulated subsequently would not operate retrospectively

Subsequent change could not be made applicable retrospectively, adversely, affecting the rights of any individual

Petitioner had spent an amount to discover the applied mineral and due to mala fides on the part of respondent-department he was struggling for more than six years to get the prospecting license which was his right

Petitioner was being penalized on the inaction of department-respondents

Constitutional petition was accepted in circumstances.