NAEEM AKHTAR AFGHAN, C.J. This common order disposes of Constitution Petitions Nos. 1424, 1477 and 280 of 2022 as identical questions of facts and law are involved in all the petitions.
2. In all the above petitions, the petitioners have challenged the Notification No. 109 A 13/10914-39 dated 31.08.2022 (hereinafter "the impugned Notification") issued by the order of Governor Balochistan by Senior Member Board of Revenue ('SMBR') (respondent NOM in exercise of powers conferred under section 6 of the Balochistan Land Revenue Act 1967 (hereinafter "the Act of 1967") whereby existing District Lasbela has been divided/bifurcated by creating new District to be called "Hub" with Headquarter at Hub having the following territorial limits: S. No.Name of District Name of Sub-Division Name of Tehsil/Sub-Tehsil
1. Hub District (Head- quarter at Hub)1. Hub
2. Dureji
3. Sonmiani (Winder)1.Tehsil Hub 2.Tehsil Gaddani 3.Tehsil Sonmiani (Winder)
4.Tehsil Dureji
2. Lasbela District (Headquarter at Uthal)1. Bela
2. Uthal
3. Kanraj1.Tehsil Bella 2.Tehsil Uthal 3.Tehsil Lakhra 4.Sub-Tehsil Liari
3. The impugned Notification had to take effect from 1st September 2022 i.e. on lifting of ban imposed by the Government of Balochistan ('GoB') on the recommendations of Pakistan Bureau of Statistics Islamabad due to 7th Digital Population Census 2022.
4. Constitution Petition No.1424/2022 has been contested by Deputy Commissioner Lasbela (respondent No.7) by filing parawise comments. The petition has also been contested by SMBR by filing separate parawise comments.
The remaining official respondents have also contested the petition by relying upon the parawise comments of respondents Nos.3 and 7.
The private respondents Nos.8 to 65 have also contested the petition by filing joint counter affidavit.
Constitution Petition No.1424/2022 has also been contested by the intervener/applicant Muhammad Yaqoob Sasoli.
5. In C.P. No. 1477/2022, SMBR Balochistan (respondent No.2) has relied upon his parawise comments filed in the connected C.P. No. 1424/2022 The Election Commission of Pakistan (respondent No.3) and Chief Secretary GoB (respondent No.1) have also contested the petition by relying upon the parawise comments of respondent No.2 filed in C.P. No. 1424/2022.
(58) Private respondents have also contested C.P. No.1477/2022 by filing joint counter affidavit.
Constitution Petition No. 1477/2022 has also been contested by the applicant/ intervener Muhammad Yaqoob Sasoli.
6. Constitution Petition No.280/2022 has been contested by SMBR (respondent No.6) by filing parawise comments.
Secretary Home and Tribal Affairs Department GoB (respondent No.4) has submitted application for his deletion as respondent on the ground that the matter pertains to respondent No.6.
The remaining official respondents have contested C.P. No.280/2022 by relying upon the parawise comments of respondent No.6.
The private respondent No.9 has also contested C.P. No.280/ 2022 on the basis of available record without filing counter affidavit.
Constitution Petition No.280/2022 has also been contested by the applicant/intervener Muhammad Yaqoob Sasoli.
7. After hearing learned counsel for petitioners, learned A.A.G., learned counsel for the private respondents and learned counsel for applicant/intervener Muhammad Yaqoob Sasoli in all the petitions, we have perused the available record which reveals that the issue with regard to creation of new District Hub by division/ bifurcation of District Lasbela was taken up by the Provincial Cabinet in its meeting dated 01.02.2022 as Agenda Item No.35. In the said meeting, while agreeing in principle for establishment of new District Hub, the Provincial Cabinet directed the Board of Revenue ('BoR') GoB to submit working papers with all the relevant details.
8. In pursuance of above, the then Deputy Commissioner Lasbela submitted a comprehensive report dated 27.02.2022 providing the following justification for the proposed District Hub: Lasbela is district expanded over a large area of 15153 Sq Kms, having Eight Tehsils and one sub- Tehsil with 574292 population as per census 2017. Hub Tehsil is the most populous Tehsil heterogeneous Diasporas due to industrialization. The existing district has 200 KM long diameter starting from Hub to Nimi at Bela. It makes difficult for the district administration and departments to smoothly dispense even the routine services at the far flung areas. Purely on administration grounds, it is the need of time to bifurcate Lasbella in to two districts i.e. District Lasbela having Tehsils Bela/Uthal/Lakhra/Kanraj and Sub-Tehsil Liari and District Hub with Tehsil Hub/Gaddani, Sonmiani and Dureji. State land for offices and residential accommodation is available in Hub.
9. The creation of new District Hub by division/bifurcation of District Lasbela was deliberated by the Steering Committee in its meeting dated 27.05.2022 Chaired by the Provincial Minister for Revenue.
In its meeting dated 27.05.2022, the Chairman and 11 Members of the Steering Committee deliberated/discussed all the relevant factors for creation of new District Hub by division/ bifurcation of existing District Lasbela and finally in the meeting dated 27.05.2022, the Steering Committee recommended for creation of new District Hub whereafter the matter was placed before the Provincial Cabinet for its decision.
10. As per available record, the Provincial Cabinet discussed the matter in its meeting dated 06.06.2022 and approved for creation of new District Hub in pursuance whereof the impugned Notification was issued by SMBR Government of Balochistan by the order of Governor Balochistan.
11. 7th Digital Population Census 2022 has been completed on 15.05.2023 and presently no ban exists on creation/reconstitution of new Districts.
12. Record transpires that the impugned Notification has been implemented in letter and spirit. The recent local bodies election of year 2023 for general seats has successfully been completed in newly created District Hub as well as in District Lasbela without any complication.
13. It is to be appreciated that creation or reconstitution of Divisions, Districts or subdivisions is an administrative measure falling within the statutory provisions of the Act of 1967 to which presumption of regularity is attached.
14. The GoB is empowered by sections 5 and 6 of the Act of 1967 to vary the number and limits of Districts, Divisions or to create new Districts or Divisions. Such policy decision of the Government has to be taken in the public interest keeping in view the practical administrative convenience and difficulties of local population.
15. Though the impugned Notification is a policy decision of GoB and same is not immune from being called in question before the High Court as power of judicial review under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereafter "the Constitution") is available in case of infraction of law or unfairness, unreasonableness, arbitrariness or mala fide on the part of the Government but in the instant petitions, the petitioners have failed to show that creation of new District Hub by division/bifurcation of District Lasbela by the GoB is infraction of law or same is unfair, unreasonable, arbitrary or is mala fide warranting judicial review of the same by this Court under Article 199 of the Constitution.
16. The petitioners do not fall within the definition of aggrieved persons within the purview of Article 199 of the Constitution as no prejudice has been caused to the petitioners due to creation of new District Hub after division/bifurcation of District Lasbela.
For the above reasons, the Constitution Petitions Nos. 1424, 1477 and 280 of 2022 are dismissed.