2010 GBLR 420 (PLP)

MUHAMMAD NAWAZ ABBASI, C.J.

The Chief Officer Municipal Committee has submitted that to improve the civic condition of Municipal area, the city has been divided into two zones. In Zone-1, Jutial Bala and Jutial Payeen, Sonikot, Kashroot north, Kashroot south, Nagral, Konodas and Naseem Cinema Choke is included, whereas the areas of Majini Mohalla, Domiyal Bala, Domiyal Payeen, City area, Hospital colony, Nagral bala, old Polo Ground, Amphary, Baseen Bala, and Baseen Payeen are in zone II and available staff has been accordingly deputed under the supervision of Sanitary Inspector with two sub-Sanitary Inspectors in each zone and that as a result of this arrangement, lot of improvement has been made in cleanliness of the City. He stated that efforts are being made to further improve the position within available sources and undertakes to maintain the improved position on regular basis without any latitude and will submit progress report to the Registrar of this court for our perusal in chamber. The Chief Engineer B&R Division Gilgit states that the contract for the construction of roads from Public School Choke to Jutial Bus stand and from Jutial check post to Sakwar Chungi were given about three years ago but contractors have abandoned these projects and department has no option except to invoke clause-3 (c ) of the contract. He states that case is at the final stage and formal order will be passed within a week for the completion of the left over work of both the projects at the cost and risk of the contractors and that fresh contracts shall be awarded with issue of work order before 15th December, 2010. Mr. Basharatullah XEN B&R Division has stated that in compliance of the order of this court in respect of different projects subject matter of litigation before this court in which Judicial complex and Konodas RCC Bridge are included, he following the instruction of the Higher Authorities, strictly in accordance with law made efforts to complete these projects, but instead of appreciating his performance, his service career has been put at stake by the persons of vested interest. The Chief Engineer stated that as a result of efforts made by XEN B&R Division Gilgit, the projects which have been abandoned by the contractors at the cost of public time and money have been revived. The harassment of an Official for performance of duty vigilantly in compliance of the orders of this Court would amounts to frustrate the order of the court and Chief Secretary may take notice of the situation. Keeping in view of the position explained by Chief Engineer and Chief Officer of the Municipal Committee, further proceeding in the matter are closed with direction that Chief Engineer and Chief Officer Municipal Committee will submit progress report on the subject for our perusal in chamber. This is not the function of this court to control the administrative affairs of the departments of Government of Gilgit-Baltistan or interfere in the policy matter of the Government, rather the court being custodian of legal rights of the people may interfere in the matters which involve public rights. There is general complaint of undue favour in public projects and poor performance of WASA and Works Department of Gilgit-Baltistan which are responsible to maintain Water Supply Schemes and public roads etc. The Government incurred huge development and undevelopment expenditure for the improvement of the roads and water supply scheme etc., but this is sad that due to the inefficiency of these departments no visible improvement is made in the projects of public utility, as a result thereof, the public money and time, without any substantial work useful to a common person go wasted. Keeping in view the poor performance of these departments, it will be appropriate to observe that the Chief Secretary while taking notice of the situation, may propose to the higher authorities for the establishment of an independent development authority for the development of Gilgit-Baltistan in the public interest. Disposed of. H.B.T./29/Glt Order accordingly.