PHC orders mines dept to decide appeal of mining firm in 15 days

Published
0

PESHAWAR: The Peshawar High Court has directed the director general of mines and mineral department to decide within 15 days an appeal of a mining company against an order of the department, asking it to pay ‘outstanding’ social uplift money or it would be declared a defaulter.

A bench consisting of Justice Kamran Hayat Miankhel and Justice Shahid Khan disposed of a petition filed by the firm, M/s Malik Mineral & Mining Company, with the direction to the department to maintain status quo over the matter and not to forfeit the security deposited by the company.

Advocate Nauman Muhib Kakakhel appeared for the petitioner and stated that the petitioner was having a mining lease of emeralds in Shangla district. He stated that the department had issued an order to the petitioner, directing him to pay social uplift money or the company would be declared a defaulter and the security of Rs788 million would be forfeited.

The counsel argued that the company had been mining emerald in the subject mine for many decades and its mining lease was being renewed every 10 years. He stated that last time the mining lease had expired in 2021 and was thereafter renewed after paying all government dues and getting a clearance certificate to that effect.

Petitioner claims department demanding dues already paid by it

He said that after the new mining lease was given to the petitioner, the company wrote a letter to the mines and mineral department to return its security given in the former lease. He added that to the surprise of the petitioner, a letter was sent to company to pay arrears of dues despite a clearance certificate issued to the petitioner.

The counsel stated that the company had paid all the dues and a clearance certificate was issued for that very reason and the dues as sent in the impugned letter were an outcome of malice and inapplicable.

He informed the bench that an appeal to that effect had also been filed before the mines and minerals appellate tribunal along with an application for interim relief but they had not been entertained till date.

The court after hearing arguments of the counsel for petitioner, ordered that the appeal should be decided within 15 days and till decision of the appeal status quo should be maintained in the case.

Published in Dawn, Aug 6th, 2023

Opinion

Editorial

Parliament’s place
11 Oct, 2026

Parliament’s place

MUCH has changed in just a little over a decade. In 2015, when the question of Pakistan’s involvement in the...
Disturbing the peace
11 Oct, 2026

Disturbing the peace

THIS year’s Nobel Peace Prize is well-earned. The winner, South African jurist Dr Navi Pillay, has had an...
A voice in care
10 Oct, 2026

A voice in care

WORLD Mental Health Day this year carries a compelling message. The theme, ‘Lived experiences heard: real voices,...
Midterm break
Updated 10 Oct, 2026

Midterm break

Both the US and Israel need to halt their destructive misadventures in the Middle East.
American barbarism
Updated 10 Oct, 2026

American barbarism

WITH the spectre of defeat in the upcoming midterm elections looming large over the Trump administration, the...