| Case ID |
1e377467-77e4-45b1-ae69-9293575389aa |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-3743 of 2015 |
| Decision Date |
Jan 14, 2016 |
| Hearing Date |
Jan 14, 2016 |
| Decision |
The Sindh High Court dismissed the petition filed by M/S. Raas System Enterprises challenging the awarding of a contract for the widening and improvement of Hawksbay Road in Karachi. The court found that the petitioner had no locus standi as they did not participate in the bidding process and filed the petition after a significant delay of more than three years. The court concluded that the petitioner’s claims of corruption were unsubstantiated and appeared to be motivated by business rivalry. The contract was awarded to the lowest bidder after following all required legal formalities, and the work was nearly completed. Therefore, the petition was deemed to lack merit and was dismissed. |
| Summary |
In the case of C.P. No. D-3743 of 2015, the Sindh High Court addressed a constitutional petition filed by M/S. Raas System Enterprises regarding a public tender for the widening and improvement of Hawksbay Road, Karachi. The petitioner alleged that the awarded contract was excessively priced and involved corrupt practices by the officials of the Local Development Authority (L.D.A). The court emphasized that the petitioner did not participate in the bidding process and filed the petition years after the award, rendering their claims inadmissible. The court upheld the legality of the tender process, confirming that all procedural requirements were met, and dismissed the petition for lacking substantive evidence of corruption. This case highlights the importance of timely participation in tender processes and the consequences of unfounded allegations in public contracting. Key legal principles include the necessity of locus standi and adherence to procurement regulations under the Constitution of Pakistan and S.P.P.R.A. Rules. |
| Court |
Sindh High Court
|
| Entities Involved |
L.D.A,
Friends Construction Syndicate Ltd
|
| Judges |
SAJJAD ALI SHAH, CHIEF JUSTICE,
ANWAR HUSSAIN, JUSTICE
|
| Lawyers |
Mr. Muhammad Zafar Ahmad, Advocate for Petitioner,
Mr. Ishrat Alvi, Advocate for Respondent Nos. 2, 3 & 4,
Mr. Ghulam Hyder Shaikh, Advocate for Respondents No. 5 and 6
|
| Petitioners |
M/S. RAAS SYSTEM ENTERPRISES THROUGH AUTHORIZE REPRESENTATIVE
|
| Respondents |
GOVERNMENT OF SINDH,
SECRETARY LOCAL GOVERNMENT, KARACHI,
Respondent Nos. 2, 3 & 4,
Respondents No. 5 and 6
|
| Citations |
2016 SLD 2007,
2016 PLJ 207
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
S.P.P.R.A. Rules, 2010
|
| Sections |
199,
31
|