| Citation(s) |
|---|
| 2022 SLG 1272 2022 SLD 1272 2022 CLC 781 |
Balochistan High Court
Constitution Petitions Nos.1312 and 1348 of 2021, decided on30th September, 2021.
NAEEM AKHTAR AFGHAN, CJ AND ABDUL HAMEED BALOCH, J
Nadir Ali Chalgari and Muhammad Bilal Mohsin for Petitioner (in C.P. No.1312 of 2021). Habib-ur-Rehman Baloch for Petitioner (in C.P. No.1348 of 2021) Zahoor Ahmed Baloch, Assistant Advocate General assisted by Shoaib Nadeem Project Director, Construction
Constitution Petitions Nos.1312 and 1348 of 2021, decided on30th September, 2021.
NAEEM AKHTAR AFGHAN, CJ AND ABDUL HAMEED BALOCH, J
Nadir Ali Chalgari and Muhammad Bilal Mohsin for Petitioner (in C.P. No.1312 of 2021). Habib-ur-Rehman Baloch for Petitioner (in C.P. No.1348 of 2021) Zahoor Ahmed Baloch, Assistant Advocate General assisted by Shoaib Nadeem Project Director, Construction
ABDUL GHANI KHETRAN and anothersvsGOVERNMENT OF BALOCHISTAN through Secretary Irrigation Department and anothers
Law: Constitution of Pakistan, 1973
Section: 199
Balochistan Public Procurement Regulatory Authority Rules, 2014--- ----R.12(1)(b)(c)---Constitution of Pakistan, Art. 199---Packaging / Merging of construction contracts--- Petitioner was a pre-qualified contractor and aggrieved of packaging / merging of construction of ten water dams in four districts into four contracts---Validity---Public exchequer was not to be made to suffer due to exercise of powers by public functionaries in arbitrary and unreasonable manner giving extra favour to one party at the cost of others--- Contracts carrying elements of public interest were to be just, fair, transparent, reasonable and free from any taint of mala fides and all such aspects were always open for judicial review by High Court in exercise of Constitutional jurisdiction under Art.199 of the Constitution on the touchstone of reasonableness, fair play, natural justice, equality and non-discrimination---High Court declared packaging / merging of construction of ten dams into four contracts by authorities as null, void and of no legal effect---High Court further declared pre-qualification summary prepared by authorities for ten dams of four districts packed / merged into four contracts as null, void and of no legal effect---High Court cancelled financial bids submitted by construction companies for ten dams of four districts packed / merged into four contracts, as the same had not been opened till then---High Court directed the authorities to issue notice inviting tenders / invitations to bid to all already prequalified construction companies to participate in bidding process for construction of ten dams as ten different projects---Constitutional petition was allowed accordingly. Airport Support Services v. Airport Manager 1998 SCMR 2268 and Muhammad Afzal v. Shahzad Asghar Dar 2003 SCMR 280 rel. Nadir Ali Chalgari and Muhammad Bilal Mohsin for Petitioner (in C.P. No.1312 of 2021). Habib-ur-Rehman Baloch for Petitioner (in C.P. No.1348 of 2021) Zahoor Ahmed Baloch, Assistant Advocate General assisted by Shoaib Nadeem Project Director, Construction of 100 Dams in Balochistan and Siraj Ahmed, Assistant Project Engineer, Construction of 100 Dams in Balochistan, Irrigation…
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