Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---National Highway Act (IV of 1991), Preamble---Constitutional petition---Development project for public welfare---Allegations of violation of law---Effect---Contention of petitioners was that development project had been approved in violation of law---Validity---Petitioners had failed to substantiate their pleas which involved disputed questions of facts---Thorough probe and detailed inquiry was essential for determination of questions raised by the petitioners which exercise could not be undertaken by the High Court in exercise of constitutional jurisdiction---High Court was not to pass any direction creating hindrance in the ongoing development work of public welfare which had been put in operation---Project once approved and put in operation must be completed otherwise substantial amount already incurred would be wasted---Courts had no expertise to express any opinion with regard to technical matters---High Court was to refrain from entering into the policymaking domain of executive authority unless same smacked of arbitrariness, favoritism and in disregard to mandate of law---Authorities being public functionaries should redress grievance of the petitioners in accordance with law justly, fairly and without any discrimination---Copy of constitutional petition with its annexures was transmitted to the authorities by the High Court with the direction to decide the matter in accordance with law, after affording an opportunity of hearing to the petitioners and all concerned within specified period---Petitioners would be at liberty to avail alternate remedy, if any, available under the law if they were not satisfied with the decision of authorities---Constitutional petition was disposed of accordingly. In re: Suo Motu Case No.5 of 2010 PLD 2010 SC 731; Khawaja Muhammad Asif v. Federation of Pakistan and others PLD 2014 SC 206; Abdul Raheem Ziaratwala and another v. Federation of Pakistan and others 2014 SCMR 873; Arshad Waheed v. Province of Punjab and others PLD 2010 Lah. 510; Muhammad Alam and others v. Planning and Development Department, Government of Balochistan through Additional Chief Secretary and others PLD 2014…

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