Islamabad: The Federal Constitutional Court has issued a major decision in the Nai Gaj Dam construction case.
According to , the Federal Constitutional Court has issued a 17-page decision in the case related to the construction of the Nai Gaj Dam, preventing any court from interfering in the project until the construction of the dam is completed. Flora& Fauna
The decision written by Chief Justice Aminuddin Khan stated that the purpose of this direction is to prevent further litigation from becoming an obstacle in the completion of an important public infrastructure project.
In its decision, the court declared the decisions and orders of the High Court regarding the construction of the Nai Gaj Dam null and void, saying that the High Court issued wrong instructions without taking into account the law. According to the decision, the High Court also did not take into account the dispute resolution mechanism, WAPDA rules and NAB rules in its orders.
The Federal Constitutional Court ruled that the dispute resolution mechanism stipulated in the dam construction agreement will be followed. The court further said that the jurisdiction of the High Court under Article 199 cannot be rewritten. Transgression of constitutional limits results in a clear miscarriage of justice.
In the judgment, the court expressed the expectation that all parties will proceed as per the original agreement. The court directed that WAPDA should take a decision within 15 days after receiving the contractor’s complaint. If the contractor violates the agreement, WAPDA will be free to re-tender the project works as per the law.
