Case Details

Citation(s)
2015 SLG 224 2015 SLD 224 2015 CLD 130
Lahore High Court
Writ Petition No. 33295 of 2013, decision dated: 24-01-2014
SHEZADA MAZHAR, J

A.M. CONSTRUCTION COMPANY (PVT.) LIMITED through Chief Executive Officer and anothersvsThe NATIONAL HIGHWAY AUTHORITY through Chairman and 2 others

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Highway Authority Act, 1991

Section: Preamble

Law: Public Procurement Rules, 2004

Section: 4,23,38

(a) Constitution of Pakistan--- ----Art. 199---Territorial jurisdiction of (Lahore) High Court---Scope---Constitutional petition filed against the National Highway Authority ("NHA") before the Lahore High Court---Plea that all acts and documents in relation to contract between NHA and contractor were signed at Islamabad, therefore Lahore High Court did not have jurisdiction in the matter---Validity---National Highway Authority was a statutory authority performing functions in whole of Pakistan, therefore, any action or inaction on part of the statutory body could be challenged in any High Court of any Province---Lahore High Court did have territorial jurisdiction to adjudicate upon the present matter. LPG Association of Pakistan v. Federation of Pakistan and others 2009 CLD 1498 and Messrs Sethi and Sethi Sons through Humayun Khan v. Federation of Pakistan through Secretary, Ministry of Finance, Islamabad and others 2012 PTD 1869 rel. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Factual controversy---Scope---National Highway Authority ("NHA") projects---Tender floated by NHA---Tender documents, interpretation of---Controversy revolved around the interpretation of certain clauses of tender documents for periodic maintenance contract and application of some provisions of certain Public Procurements Rules, in such circumstances it could not be said that present case involved factual controversies---Constitutional petition was held to be maintainable accordingly. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Constitutional petition highlighting loss to the public exchequer/loss of public money---Maintainability---High Court would have jurisdiction to consider the merits of such a constitutional petition. Arshad Waheed v. Province of Punjab and others PLD 2010 Lah. 510 rel. (d) Pakistan Public Procurement Rules, 2004--- ----Rr. 4, 23 & 38---Constitution of Pakistan, Art. 199---Constitutional petition---National Highway Authority ("NHA") projects---Tender floated by NHA---Tender documents, interpretation of---Bid security, ambiguity in---"Non-responsive"/"not…
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