Law:

Section: 119

(a) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----S. 119---Constitution of Pakistan, Arts. 137 & 142---Executive authority of Province---Overriding effect rendered to Khyber Pakhtunkhwa Local Government Act, 2013 cannot legally eclipse executive authority of the Province as ordained in Arts.137 & 142 of the Constitution vesting Provincial Government with authority to take effective steps in carrying forward developmental schemes in the Province. Lahore Development Authority's case 2015 SCMR 1739 rel. (b) Khyber Pakhtunkhwa Establishment of District Development Advisory Committee Act (IV of 1989)--- ----S. 3---Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013) S.119---Constitution of Pakistan, Arts.137 & 142---Executive authority of Province--- Estoppel, principle of---Applicability---Petitioner was aggrieved of decisions taken by Provincial Government with regard to allocation of funds and approving developmental projects in his constituency---Validity---All developmental projects prepared by P&D Department and placed for approval of Provincial Assembly were to be voted upon and passed by a simple majority of members of Provincial Assembly---Objected schemes and petitioner's schemes were duly included in Annual Development Program by P&D Department and placed before provincial assembly for its approval which was duly acquired---District Development Advisory Committee had no legal authority to interfere in developmental schemes proposed and sanctioned by local governments under Khyber Pakhtunkhwa Local Governments Act, 2013---Objected scheme and scheme of petitioner did not fall within 30% developmental budget allocated to local governments and legally, District Development Advisory Committee was competent to recommend site and allocation of projects in question---No penalty or consequences were provided under Khyber Pakhtunkhwa Establishment of District Development Advisory Committee Act, 1989, in failure to recommend site or allocation of project to be carried out in district and provision of recommending site and allocation by District Development Advisory Committee was directory and not mandatory---Objected scheme…

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