2009 PLP 457 (CLC)

DOST MUHAMMAD KHAN, J.

Petitioner Mukhtar Ahmad Khan, a practising lawyer at Swabi, through this constitutional petition is seeking the issuance of writ to the respondents directing them to provide the required funds for the completion of the construction and making operational the District Headquarters Hospital Complex because the project has already consumed almost 10 years period due to mismanagement and lack of funds at different occasions as well as lack of attention on the part of the respondents i.e. Government of N. -W.F.P. and the executing agencies.

2. Comments were called from respondents 2 to 5 which they have filed. In para-7 of the comments, the respondents have denied that the completion of the complex in the near future is not possible. They have elaborately stated therein that the required medical equipments have already been purchased to a great extent while the remaining would be arranged before the completion of the construction work and that the hospital is scheduled to be made functional during the year 2007-2008, for public purposes.

3. In the comments, the respondents have admitted that in the past due to financial constraints because of lack of requisite funds, the project could not be completed within the initially stipulated period but at present such funds are available and have been provided by the Government, therefore, there is no impediment in their way to complete the project within the stated period besides upgrading the same to category "A" and that the construction work is strictly supervised by the highly qualified Engineers of the Works and Services Department, who are performing their duty by checking the quality of work on the spot.

4. In view of such categorical undertakings given in the written comments by the Secretary Health, Government of N.-W.F.P. (respondent No.2) and Medical Superintendent, District Headquarters Hospital, Swabi (respondent No.5), we are of the view that the grievance of the petitioner stands redressed because the project is likely to be completed within the next year and would be ready/functional to render services in the health sector to the general public thus, this petition has served out its purpose and is no more maintainable, however, before parting with this judgment we would like to direct the replying respondents to strictly abide by their undertakings given in their written comments and shall make every effort to complete the project within the stated period because in their own words at present there is enough funds in their hands and no impediment is there to thwart the construction/ completion work on the project. Any deviation from the course would not be approved by this Court if the matter is brought for the second time and in case any slackness or negligence is established on the part of the respondents this Court would take serious notice of that. With the above observations, this petition having become infructuous is disposed of accordingly along with C.M.No.99 of 2007 which too, has become infructuous. H.B.T./37/P Order accordingly.