Islamabad (HRNW)- The Federal Constitutional Court has issued a significant ruling in the Nai Gaj Dam construction case, directing that no court shall interfere in the project until its completion.
According to the 17-page judgment, authored by Chief Justice Aminuddin Khan, the directive aims to prevent further litigation from delaying the completion of this important public infrastructure project.
The Constitutional Court declared the High Court’s previous decisions and orders regarding the Nai Gaj Dam project null and void, stating that they were issued without properly considering the relevant legal framework. The judgment noted that the High Court failed to take into account the dispute resolution mechanism outlined in the agreement, as well as the applicable WAPDA and NAB rules.
The court ruled that disputes arising under the dam construction agreement must be resolved through the mechanism specified in the contract. It further observed that the jurisdiction of the High Court under Article 199 cannot be expanded beyond constitutional limits, warning that such overreach could result in a miscarriage of justice.
The judgment expressed the expectation that all parties would adhere to the original agreement and directed WAPDA to decide on any complaint submitted by the contractor within 15 days. It further stated that if the contractor violates the agreement, WAPDA will be at liberty to re-tender the remaining project work in accordance with the law.
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