Environmental Law in Pakistan - IUCN

4.5.5 Abdul Ghani v. Chief Settlement and Rehabilitation CommissionerPakistan and another, PLD 1964 (WP) Lahore 214This writ petition challenges the delegation of powers under the Displaced Persons (Compensationand Rehabilitation) Act 1958. The Lahore High Court holds that when a statutorily competentauthority delegates powers to a subordinate authority, the delegating authority does not give upthose powers, and may impose conditions on the exercise of the delegated power and reviewdecisions made by the subordinate authority. The court also notes that a subordinate authority towhom a power is delegated does not have the authority to further delegate that power.4.5.6 Punjab Province v. Federation of Pakistan, PLD 1956 Federal Court 72In a dispute between the Federation of Pakistan and the province of the Punjab over tax liabilityarising from a statute, the Federal Court (the apex court of the country at that time) rules that anydispute of law or fact on which the existence or extent of a legal right depends must be determinedby the Federal Court if the dispute is between the federal government and one or more provinces,or between two or more provinces. This principle is contained in Article 184 of the 1973 Constitution.4.5.7 Abdullah v. the Crown, PLD 1955 Sind 384This suit challenges action taken by the central government after it had delegated its powers to aprovincial authority. The Sindh High Court holds that the delegation of powers does not amount toa renunciation or abdication of those powers on the part of the delegator. It notes that it is inherentin every delegation that the delegator “can at any time revoke the delegation and the power reverts”to them.04Governance29EnvironmentalLaw in PakistanFederal