' The present Intra-Court Appeal has been filed against the order dated 25.03.2013 whereby the writ petition filed by the appellants was dismissed by the learned Single Judge in Chamber.
2. Learned counsel for the appellants submits that the appellants were granted license for installation of CNG Pump for a period of 15-years i,e, upto 18.12.2015. Against the said license, the appellants installed CNG Pump at PSO Pump M/s. Friends Motors located at 2/3 Lytton Road, Lahore. Since the grant of license, the appellants were running CNG Station. However, in order to widen the Roads for the project of Rapid Bus Transit System, the appellants' Petrol Pump was demolished by the Government of Punjab on 08.06.2012. The appellants were directed by the respondents to remove/shift the material from the site. They were allowed to re-locate/resitement of the CNG Station M/s. CNG Fuel Station installed at PSO Petrol Pump M/s. Friends Motors 2/3 Lytton Road Chowk, Jain Mandar, Lahore to PSO Petrol Pump M/s. Fine Fuel Fillers, Ferozepur Road, Kasur.
However, the respondents refused to grant the license on the ground that matter is sub-judice before Hon'ble Supreme Court of Pakistan and that an inquiry is going on against the CNG Station before National Accountability Bureau. The appellants filed writ petition which was dismissed vide impugned order dated 25.03.2013. Hence this I.C.A.
3. Learned counsel for the appellants submits that the appellants were granted license upto 18.12.2015 which is renewable for another period of five years as per CNG Rules, 1992. The appellants have legal right of business of CNG Station. Further submits that Punjab Government had already recommended the case of the appellants to respondent No, 1 for re-location/resitement by taking necessary action as the Punjab Government had taken over the CNG Station of the appellants by demolishing the petrol pump. Further submits that PSO vide its letter dated 09.07.2012 also recommended re- location/resitement/shifting of CNG Station of the appellants to Ferozepur Road, Kasur. TEPA/LDA is also in consensus in recommending the case of the appellants for relocation/resitement of the CNG Station. Adds that refusal of the respondents on the pretext that the matter is sub-judice before Hon'ble Supreme Court of Pakistan is absolutely unjustified as no matter of the appellants' CNG Station is sub-judice before Hon'ble Supreme Court of Pakistan.
Further adds that no inquiry with reference to appellants' CNG Station is pending with the National Accountability Bureau. Submits that the order passed by the learned Single Judge in Chamber is liable to be set aside.
4. On the other hand, learned counsel for the respondents submits that in view of the law laid down by the Hon'ble Supreme Court of Pakistan in Engineer lqbal Zafar Jhagra & others v. Federation of Pakistan & others (PLD 2013 SC 224) the respondents are independent authority and are not bound by the guideline issued by the government. Submits that refusal was made on account of the pending Inquiry regarding CNG Station with the National Accountability Bureau as well as the case pending in the august Supreme Court of Pakistan. Adds that the order of the learned Single Judge is in accordance with law and facts of the case, therefore, not liable to be interfered in the present I.C.A.
5. Arguments heard. Record perused.
6. It is not denied by the respondents that the demolition/removal of the CNG Station was by the Punjab Government and the request for re-location/resitement of appellants' CNG Station has been approved by the Punjab Government. The license was granted upto 18.12.2015 by the respondents. The renewal of the station was not done by the appellants but the Punjab Government for widening of the Road. The refusal was on the ground of pending litigation before Hon'ble Supreme Court of Pakistan and inquiry by the National Accountability Bureau. However, admittedly neither in the pending proceeding before Hon'ble Supreme Court of Pakistan, the appellants are party nor the inquiry is pending against them. Therefore, respondents have no right to refuse the re-location resitement of the appellants' CNG Station.
7. In view of the above, the order passed by the learned Single Judge in Chamber is hereby set aside and the respondents are directed to issue necessary approval for the re-location/resitement of appellants' CNG Station from PSO Petrol Pump M/s. Friends Motors 2/3 Lytton Road, Chowk Jain Mandar, Lahore to PSO Petrol Pump M/s. Fine Fuel Fillers, Ferozepur Road, Kasur.
I.C.A. Allowed.