PHC stops auction of chromite mine in Kohistan

PESHAWAR: The Peshawar High Court (PHC) on Thursday restrained the auction of a chromite mine in Kohistan.

The verdict was handed down by a division bench of the PHC consisting of Justice Abdul Shakoor and Justice Arshad Ali.The bench heard a writ petition filed by Hameedullah Khan Paracha who had challenged the advertisement of Chromite Mine measuring 224 acres in Kohistan in KP on the basis of the joint venture.

Advocate Nouman Muhib Kakakhel appeared on behalf of the petitioner.The counsel argued that initially two mines — Chromite A and Chromite B in Kohistan — were advertised as sole proprietorships and E-Auction No.18 was conducted wherein the petitioner was the highest bidder for both the mines which collectively was around 500 acres. The counsel argued that later it was found that Chromite A mine had already been advertised and won in E-Auction No. 17.

The relevant authorities decided to cancel both the bids and advertise them afresh to avoid controversy between both successful bidders who had won the Chromite Mine A in E-Auction 17 and 18, respectively.The counsel argued that later the Chromite A mine measuring 224 acres was re-advertised but this time as a joint venture with the government and not as a sole proprietorship.

The counsel argued that the Mine A can only be re-advertised as sole proprietorship and not as a joint venture as it was already won over in E-Auction 17 and 18, creating a vested right of the petitioner to compete over it over the same terms as advertised before. He said a promise was made to re-advertise it with the same terms

The counsel argued that an appeal had been filed by the petitioner against the impugned order but since three months no date was fixed by the appellate tribunal in the case nor the interim relief was fixed for adjudication.

The bench after hearing arguments from both sides counsels restrained the director general from the auction of Mine A of Chromite in Kohistan and its allotment by maintaining status quo till a final decision of the appeal before the Appellate Tribunal Mines and Minerals.