Case Details

Citation(s)
1991 SLD 1735 = 1991 CLC 1467
Lahore High Court
Writ Petition No.6398 of 1989, heard on 2nd April, 1991.
Presented By: Before Irshad Hasan Khan, J
Ch. Mushtaq Ahmad Khan and Asadullah Siddiqui for Petitioners. Rana Muhammad Arshad Addl, A.-G. with Muhammad Iqbal Vehniwal for
Respondent.

Before Irshad Hasan Khan, J

Law: Punjab Local Government Ordinance, 1979

Section: 40

Punjab Local Government Ordinance (VI of 1979)--- ----S. 40---Punjab Local Councils (Works) Rules, 1981, Rr, 2(b) & 24-- Constitution of Pakistan (1973), Art.199---Report submitted by Secretary to the Provincial Government stated that order was an interim order and final adjudication of the matter was under consideration---In the interest of expeditious disposal of the dispute between the parties and with a view to avoiding protracted litigation, High Court directed Government to take a final decision in the matter expeditiously, but not later than 90 days from date of order of the Court with a note that petitioners also be afforded opportunity to explain their view point. Ch. Mushtaq Ahmad Khan and Asadullah Siddiqui for Petitioners. Rana Muhammad Arshad Addl, A.-G. with Muhammad Iqbal Vehniwal for Respondent. Date of hearing: 2nd April, 1991. JUDGMENT The Government of Punjab has passed an executive order on 23-9-1989 introducing a system of granting technical sanctions to the arrangement of works of Local Councils. This order has been held in abeyance on 7th October, 1989. The grievance of the petitioners is that the term "Local Council Engineer" as defined in rule 2 (b) of the Punjab Local Councils (Works) Rules, 1981, includes the Chief Engineer of a Local Council and as such the works within the competence of the Chief Engineer cannot be allocated for the purpose of technical sanction to the Engineers of Rural Development Department, which is intended to be done in pursuance of the impugned order. During the pendency of the writ petition, the…
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