Ch. Imran Hassan Ali successfully represented Pakistan Mineral Development Corporation (“PMDC”) before the Honourable Supreme Court of Pakistan, first in a Civil Petition for Leave to Appeal and then in the consequent appeal.
PMDC has been involved in a long-drawn-out legal battle with the Government of the Punjab. The dispute concerns ownership of the surface land of Khewra Salt Mine – the second largest salt mine in the world. The area of land involved is more than 18606 Kanals (2325 Acres approx.). The Trial Court had decreed PMDC’s suit and declared that PMDC was the owner of the said land. On appeal, that judgment was reversed in favour of the Government. PMDC filed a Revision Petition before the Honourable Lahore High Court, Rawalpindi Bench. Unfortunately, instead of deciding the case on merits, the High Court dismissed the petition solely on the technical ground that no resolution of the Board of Directors of PMDC authorising institution of the case on its behalf had been filed at any stage.
PMDC filed a petition for leave to appeal in the Honourable Supreme Court of Pakistan. Ch. Imran Hassan Ali, ASC, represented PMDC and submitted that there is no statutory provision specifically requiring filing of a board resolution along with the plaint or petition, and the need to file one would have arisen only if and when a specific objection had been taken by the Defendant (Government), which should have been taken at the earliest stage possible. However, the Government had never taken this objection at any stage before the Trial Court or the Appellate Court, therefore, it should not have been allowed at such an advanced stage. He also submitted that the High Court had misapplied some judgments of the Supreme Court while failing to apply some other more relevant ones. After a very lengthy hearing, the Supreme Court granted leave to appeal.
At final hearing of the appeal, the Additional Advocate General for Punjab appearing on behalf of the Government of the Punjab, after an initial attempt to defend the High Court’s order, conceded that PMDC’s petition had been wrongly dismissed on technical grounds. Consequently, the Supreme Court allowed PMDC’s appeal and remitted the case to the High Court for decision on merits.