JAN MUHAMMAD vs PROVINCE OF SINDH Through Secretary Forest And Fisheries, Government OfSindh, Karachi And 5 Other
The petitioner challenged the judgment of the Sindh High Court holding that leases of fishing rights under the Sind Fisheries Rules, 1983 can only be granted by open auction and for a period not exceeding one financial year. The core legal question before the Supreme Court was whether, under Section 3 of the Sind Fisheries Ordinance, 1980, the Government is competent to grant leases of fishing rights by a general or special order without being hedged in by the limitations contained in the rules. The Supreme Court granted leave to appeal to examine this question, noting that leave had already been granted in similar petitions, and ordered that the status quo previously granted shall continue in the meantime.
- Whether under section 3 of the Sind Fisheries Ordinance, 1980, the Government is competent to grant the lease of fishing rights by a general or special order?
- Can the lease of fishing rights only be granted through open auction and for a period not exceeding one financial year as prescribed in the rules?
- Section 3, Sind Fisheries Ordinance 1980
ZIA MAHMOOD MIRZA, J.---Petitioner was granted lease of fishing rights on 29-7-1993. Lease period ended on 31-12-1994, whereafter the lease in favour of the petitioner was extended by the Minister for a period of three years. Learned Judges of the Sind High Court have held vide the impugned judgment that under the Sind Fisheries Rules, 1983, leases of fishing rights can only be granted by open auction and the lease period is not to exceed one financial year.
2. Learned counsel appearing in support of these petitions relies upon section 3 of Sind Fisheries Ordinance, 1980 to contend that the Government is empowered to grant the lease of fishing rights by a general or special order and its powers are not hedged in by any such limitations as are contained in the rules referred to by the High Court. Learned counsel has further pointed out that leave has already been granted by this Court in Constitutional Petitions Nos.203-K of 1994, 508-K of 1991 and 521-K of 1991 to examine whether under section 3 of the Sind Fisheries Ordinance, 1980, the Government is competent to grant the lease of fishing rights by a general or special order or the lease of such rights can only be granted in the manner prescribed in the rules. Leave is accordingly granted in both the petitions. Status quo already granted by this Court on 21-12-1994 shall continue meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.