2009 MLD 608 LAHORE-HIGH-COURT-LAHORE

2009  MLD  608     LAHORE-HIGH-COURT-LAHORE

PAKISTAN OIL FIELDS LTD.

Versus

DISTRICT GOVERNMENT, ATTOCK

S. 23—Punjab Local Government Ordinance (XIII of 2001), Ss.141, 144 & 145—Constitution of Pakistan (1973), Art.199 & Fourth Schedule, item No.2, Part, II—Constitutional petition—Petroleum exploration—Licence fee, demand ing of—Petitioner company was engaged in exploration and production of petroleum products and District Government demand ed licence fee from petitioner for the purpose–Validity-Power to grant licence for transmission, installation and distribution or sale of natural Gas was conferred upon Oil and Gas Regulatory Authority (OGRA), under the provisions of Oil and Gas Regulatory Authority Ordinance, 2002—Activities of exploration and production of petroleum could be undertaken only when a license was granted by the Authority—Issuance of license or charging any tax or levy on Liquid Petroleum Gas (L.P.G.) was a federal subject, within the meaning of para. 2, Part II of Fourth Schedule of the Constitution and Local Government could not stretch its jurisdiction and claim license fee—High Court, in exercise of Constitutional jurisdiction, declared imposition of fee on L.P.G. without lawful authority and of no legal effect—Petition was allowed accordingly.