Law:

Section: 9,199

(a) Constitution of Pakistan--- ----Arts. 9 & 199---Khyber Pakhtunkhwa Urban Mass Transit Act (XXVII of 2016), Preamble---Public interest litigation---Maintainability---"Aggrieved person"---Scope---Peshawar Sustainable Bus Rapid Transit Corridor Project ("Project")---Grievance of petitioners was that the Project was carried out without lawful authority and it was also against the public interest; held, that present petition was in the nature of public interest litigation---Petitioners being residents of the city would surely be affected by the works to be carried out under the Project causing environmental impact upon their dwelling places and thereby infringing upon their right to life, as provided under Art. 9 of the Constitution---Petitioners would, thus, come within scope of an aggrieved person, as envisaged in Art.199 of the Constitution---Constitutional petition was held to be maintainable in circumstances. Riaz Ahmad's case 2013 CLC 1291; Molvi Haider's case PLD 2006 SC 394 and F-9 Park's case PLD 2010 SC 759 ref. (b) Constitution of Pakistan--- ----Art. 199---Khyber Pakhtunkhwa Urban Mass Transit Act (XXVII of 2016), Preamble---Constitutional petition---Scope---Technical and financial aspects of a Government project---Peshawar Sustainable Bus Rapid Transit Corridor Project ("Project")---Findings on technical and financial aspects of a project which was highly specialized requiring engineering and financial expertise, such as the present Project, ought not to be passed by a Constitutional Court, moreso, when the assertions of the petitioners on the factual aspect of the Project were disputed by the Provincial Government---High Court would not enter into such controversies and pass any findings on technical and financial viability of the Project---Besides the project in question was duly considered and approved, at the highest level of the Provincial and Federal Government. (c) Khyber Pakhtunkhwa Environmental Protection Act (XXXVIII of 2014)--- ----S. 13---Khyber Pakhtunkhwa Urban Mass Transit Act (XXVII of 2016), Preamble---Constitution of Pakistan, Art. 199---Constitutional petition---Peshawar Sustainable Bus Rapid Transit Corridor Project…

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