2020 PLP 1324 (MLD)

ALI BAIG, J.

Through the instant writ petition filed under Article 86(2) of Gilgit-Baltistan Order, 2018, read with enabling Articles of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the following relief:- "It is, therefore, humbly prayed that by accepting this writ petition unlawful bidding process of aforementioned (PDSP) may be cancelled and respondents may be directed for bidding of said project in each and every district separately under the concerned forest officials at district level after fulfilling the prescribed criteria in the larger interest of justice."

2. Succinctly, facts forming background of this writ petition are that the Forest Department of Gilgit-Baltistan had received budget from Federal Government for procurement of plants and plantations under PSDP Project 10 Billion Trees Tsunami Program Phase-I upscalling of Green Pakistan Program (Revised) Revival of Forest Resources. Accordingly, the respondents invited sealed bids for the procurement/ supply of plants from financially stable registered firms having valid Federal Seed Certificate Registration at Gilgit-Baltistan level through tender notice and sealed bids were to be delivered to the office of Provincial Program Director 10 Billion Trees Tsunami Program Gilgit-Baltistan on or before 23rd January 2020. The petitioners have filed the instant writ petition on the plea that tender process of plantation of 5 million plants under consolidated single tender through respondent No.1 is unlawful and based on mala fide and they have sought that tender process of aforesaid project must be in each and every district separately under the concerned District Forest Officer (DFO).

3. The learned counsel for the petitioners has contended that the respondents Nos.1 to 3 have decided to float tender of aforesaid project through single consolidated tender at Gilgit headquarter which is not feasible as Gilgit-Baltistan is consisting of 10 districts, therefore, respondents may be directed to invite bids for the said project at district level of 10 districts of Gilgit-Baltistan.

4. On the other hand, the learned Assistant Advocate General and the associated counsel, Raja Shakeel Ahmed Advocate, have controverted the arguments advanced by the learned counsel for the petitioners by contending that the Government of Gilgit-Baltistan through Plant Procurement Tender Processing Committee, comprising of senior most technical officers of Gilgit-Baltistan Forest and Wildlife Department, has formulated a well-conceived technical, financial bid documents fulfilling all codal formalities and procurement rules of PPRA 2004. The learned Assistant Advocate General and the associated counsel have further argued that an SOP has been formulated for procurement of plants through constitution of an inspection and verification committee who will supervise the uprooting, loading and transportation process; hence, the petitioners have filed the instant writ petition with mala fide intention to sabotage the plantation program; thus, this writ petition of the petitioners may be dismissed.

5. I have given my anxious consideration to the arguments advanced by the learned counsel for the parties and perused the record with their able assistance.

6. From perusal of record, it transpires that under the project 10 Billion Trees Tsunami Program Phase-I, upscalling of Green Pakistan Program Revival of Forestry Resources Gilgit-Baltistan component, a total of 50 million plants are to be planted in Gilgit-Baltistan during next 4 years starting from STPL 2020. Accordingly, an allocation of Rs.635.5 million, for planting of 11.9 million numbers of plants, exists for the current financial year 2020. Therefore, the respondents after preparing bidding documents and fulfilling all codal formalities have invited sealed bids for the supply of plants from financially stable registered firms having valid Federal Seed Certificate Registration and the respondents have not violated any PPRA rules. The petitioners have taken sole ground in the petition that the tender of the aforesaid project should be bifurcated in 10 districts of Gilgit-Baltistan for the purpose of tendering and supply of plants to each district through concerned District Forest Officer (DFO). In this connection, it is observed that it is prerogative of the procuring agency to make administrative arrangements and decision regarding procurement of items/plants and court cannot interfere in the administrative functions/acts of the concerned department as the respondents have not violated the settled rules of procurements particularly PPRA Rules 2004. Furthermore, no any fundamental right of the petitioners has been infringed by the respondents requiring to invoke writ jurisdiction of this Court. Moreover, the respondents have already allocated/reserved plants to be procured to each district of Gilgit-Baltistan as evident from district-wise details submitted by the respondents along with parawise comments in this Court.

7. Before parting with this judgment, the respondents are directed to submit quarterly progress report regarding plantation and survival of planted plants reach district in this Court through the Registrar of this Court who will place the same before the undersigned in my chamber.

8. For the foregoing reasons, this writ petition having no force is hereby dismissed. File. ZC/19/GB Petition dismissed.