PESHAWAR: Peshawar High Court has questioned whether a the caretaker provincial government has the authority to remove Rs2.2 billion Utla Dam project from Annual Development Programme 2023-24.
A bench consisting of Justice Ijaz Anwar and Justice Sahibzada Asadullah directed the Khyber Pakhtunkhwa advocate general, Aamir Javed, to assist the court on the point that the scheme was approved by an elected government and whether the present interim setup could revise the same in terms of section 230 of Elections Act.
The bench fixed February 13 for next hearing of a petition filed by contractor of the project, M/S Qalandar Bux Abro and Co, who requested the court to declare as illegal the impugned decision of December 28, 2023, made in a meeting chaired by the additional chief secretary (planning and development), of capping work on the dam and to move a summary for deletion of the scheme from ADP.
The petitioner requested the court to declare that the respondents including the secretary planning and development and director general (small dams) irrigation department, could not be allowed to cap, halt, suspend, cancel and/or terminate work on Utla Dam project in Swabi district for the default of the surveyors, engineers or officials of the irrigation department and others.
Fixes Feb 13 for next hearing of petition filed by contractor
The petitioner contended that the respondents were bound to implement the decision taken in provincial development working party (PDWP) meeting held on November 1, 2021, wherein it was concluded that the project was feasible and no other source was available for the entire population of the area.
The petitioner is represented by advocates Alamzeb Khan and Abdul Rauf Rohaila.
Mr Alamzeb stated that the feasibility and detailed design studies for the project was conducted in June 2017. He added that based on the original PC-I of the scheme, Rs1.5 billion was approved by PDWP for it to provide 3.5 cusecs drinking water to 45 villages.
He stated that in response to the advertisement for the construction work of the project, many tenders were received but that of the petitioner was the lowest after which the deputy director small dams issued acceptance letter on July 10, 2018, conveying the approval of the lowest rates of the petitioner.
He said that after completion of all the formalities, the respondents issued work order on October 25, 2018, conveying to the petitioner that the firm had been accepted for the work.
The counsel said that on the directions of PDWP in its meeting on January 4, 2021, a panel of experts was constituted to technically examine the design, estimates and certain other observations regarding the project.
He stated that after considering all the aspects, the design and estimates were reviewed by PDWP on January 27, 0222, and the cost of project was enhanced to Rs2.2 billion.
The experts, he stated, had mentioned that there was no alternate source that could be explored for addressing the issue of drinking water shortage in the area.
The counsel stated on December 28, 2023, the meeting was held under the chairmanship of additional chief secretary, P&D department, wherein it was decided to cap the work done at the site and the irrigation department should move a summary for deletion of the scheme from ADP.
He argued that the decision was unlawful as a caretaker setup had no authority to take major policy decision. He added while the project was approved by the PDWP, the caretaker government had not taken approval from it for removing it from the ADP schemes.
He stated that a 2.5-kilometre access road had already been constructed to facilitate locals and the project staff.
It is pertinent to mention that the meeting of December 2023 discussed several issues related to the project including its feasibility and was told by experts that the cost of the project would increase to Rs4 billion thus raising question on its economic viability.
Published in Dawn, February 5th, 2024