| Citation(s) |
|---|
| 2025 SLG 5178 2025 SLD 5178 = 2025 LHC 338 |
Writ Petition No.69497/2024
PRESENT; (ANWAAR HUSSAIN) Judge
Dates of Hearing: 28.01.2025 and 30.01.2025 Petitioner by: Malik Sultan Amir Awan, Advocate.
Respondents No.1 to 3 by: Mr. Imran Khan, Assistant Advocate General. Mr. Mohammad Osman Khan, Assistant Advocate General.
Respondents No.4 to 7 by: Mr. Iftikhar Ahmed Mian, Advocate. Ghulam Hamza, DMO (E&M), MCL. Zulfiqar Ahmed, A.D. Legal, MCL. Amicus Curiae: Syed Shahab Qutab, Advocate.
M/s G.P. Enterprises
VERSUS
Province of Punjab etc.
Law: Constitution of Pakistan, 1973
Section: 4, 8, 9, 10, 16(6), 16(9), 23, 34, 67
Law: Punjab Procurement Rules, 2014
Section: 6, 8(4), 8(6), 9(3), 19(2),19(3)
SUMMARY OF THE JUDGMENT
Anwaar Hussain, J. decided the present and connected petitions (W.P. No. 76292/2024) together, as both challenged 68 tender notices issued by the Metropolitan Corporation Lahore (MCL), wherein different types of works were clubbed in single tenders, raising the estimated value beyond Rs. 25 million and thereby excluding Category C-6 Contractors (including petitioners). The petitioners alleged discrimination, violation of procurement law, and mis-procurement.
The respondents justified the grouping as being part of the Punjab Government’s special initiative, approved by P&D Department under an umbrella scheme of Rs. 3,677 million, asserting that Rule 9 of the Punjab Procurement Rules, 2014 prohibits splitting of procurements contrary to the approved plan.
The Court appointed Syed Shahab Qutab, ASC, as amicus curiae, who assisted on the interaction between Rules 2014, Rules 2017, and Regulations 2024, and on comparative jurisprudence (EU Directive 2014/24/EU; UK Procurement Act 2023).