| Case ID |
38a2f8db-a900-4d6c-9fab-acdbe4a72bf8 |
| Body |
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| Case Number |
Writ Petition No. 803-A of 2021 |
| Decision Date |
Sep 28, 2022 |
| Hearing Date |
Sep 28, 2022 |
| Decision |
The High Court dismissed the constitutional petition filed by the petitioner, SAMSON GROUP OF COMPANIES, challenging the awarding of a contract to MONAL GROUP by the Galiyat Development Authority (GDA). The court ruled that the GDA had the authority to award contracts and that the provisions of the Khyber Pakhtunkhwa Public Private Partnership Act were not mandatory for the GDA in this instance. The court found that the actions of the GDA did not suffer from illegality or lack of lawful authority, and thus, the petitioner's grievances were not sufficient to overturn the decision. The court emphasized the importance of harmonious interpretation of the laws governing the GDA's operations and upheld the validity of the contract awarded to MONAL GROUP. |
| Summary |
This case revolves around the awarding of a contract by the Galiyat Development Authority (GDA) to Monal Group for the modernization of Ayubia Chairlift Resort under the Public Private Partnership framework. The petitioner, SAMSON GROUP OF COMPANIES, contested the legality of this contract, arguing that the GDA failed to follow the provisions of the Khyber Pakhtunkhwa Public Private Partnership Act. The court held that the GDA, being an autonomous body, possessed the authority to decide whether to engage in a Public Private Partnership or to operate under its own regulatory framework. The ruling underscores the need for clarity in the legal interpretation of the GDA's powers, highlighting the balance between regulatory compliance and operational autonomy. The decision is significant for future public-private partnership ventures in Khyber Pakhtunkhwa, emphasizing the importance of adhering to prevailing laws while allowing for flexibility in governance and management of public resources. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Galiyat Development Authority,
Monal Group,
SAMSON GROUP OF COMPANIES
|
| Judges |
Wiqar Ahmad,
Kamran Hayat Miankhel
|
| Lawyers |
Sardar Nasir Aslam Khan,
Sardar Aman Khan,
Khalid Mehmood,
Khurram Ghias Khan,
Rasheed-ul-Haq Qazi,
Barrister Syed Muddassar Ameer,
Muhammad Tariq Afridi,
Sardar Ali Raza,
A.A.G.,
Syed Ali Raza,
Junaid Alam
|
| Petitioners |
SAMSON GROUP OF COMPANIES
|
| Respondents |
others,
PUBLIC PRIVATE PARTNERSHIP
|
| Citations |
2023 CLD 1072,
2023 SLD 1704
|
| Other Citations |
Oxford University Press v. Commissioner of Income-Tax 2001 PTD 2484,
Shahzada Colonel Sharif-ud-Din and others v. The Settlement Officer District Upper and Lower Chitral and others 2021 CLC 1968,
Market Committee, Khudian v. Town Committee, Khudian 1992 SCMR 1403,
Lahore Development Authority v. Ms. Imrana Taiwana 2015 SCMR 1739,
Messrs Pakland Cement Limited through Director v. Shamim Mushtaq Siddiqui 2002 CLD Kar. 1392,
Travel Agents Association of Pakistan v. Pak Travel Agency (Pvt.) Ltd. 1999 CLC 1962,
Rashidah Begum v. Deputy Settlement Commissioner, Circle II Lahore 1986 MLD 1941,
Inayatullah Hassan v. Bashirunnisa 1984 CLC 2463
|
| Laws Involved |
Khyber Pakhtunkhwa Public Private Partnership Act (XLII of 2020),
Khyber Pakhtunkhwa Galiyat Development Authority Act (XII of 2016),
Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act (I of 2015),
Pakistan Environmental Protection Act (XXXIV of 1997)
|
| Sections |
4,
11,
12,
29,
3,
4,
6,
14,
29,
12
|