2025 PLP 1778 (CLC)

MUHAMMAD EJAZ SWATI, CJ.

The Government of Balochistan Communication and Works PP&H Department approved widening of the road from Loralai to district Duki, which had been included in the Public Sector Development Program (PSDP) (the scheme in question) for the year 2024-2025 with an estimated cost of Rs.500 Million.

2. It was the grievance of the petitioners that the tender of project was announced by the Executive Engineer B&R Loralai vide PSDP No.1427 Z2024.0446 and last date of bid submission was 23rd January 2025 till 10:00 A.M, but the Provincial Cabinet vide its meeting dated 20th February, 2025 changed the nomenclature of the scheme to construction of BT Road and side drain Nawa Killi and different areas of Ward No.50 Quetta. The petitioner mainly prayed as under, "It is, therefore, respectfully prayed that the write be issued by directing to the respondents as under, i. Direction be issued to the respondents to place the case of approval of widening/improvement/rehabilitation of Road from Loralai to District Duki before Provincial Cabinet being a very important project in the forthcoming PSDP. ii. Any other relief which this Honorable Court deemed fit may also be passed in the interest of justice."

3. The learned counsel for the petitioners contended that the project of widening of Road in question was essential as presently the Road is in its worst condition, which has led the death of several people in road accident; that while changing the nomenclature of the project the Provincial Cabinet has assigned no reason, hence interference is warranted by this Court. He placed reliance on case titled C.P. No. 482/2016 dated 04-05-20219, passed by this Court and 2024 YLR 2353.

4. The learned Advocate General (AG) contended that the change to the project was brought due to law and order situation; that the project in question was only in the tendering process and prior to bidding process the change was brought strictly for public purpose; that the changed nomenclature projects are near to completion and funds had been spent, however, Planning and Development Department has already taken steps as per procedure of the Manual and Guidelines of Planning Commission of Pakistan for its approval to include the project in question in the next PSDP 2025-2026.

5. We have heard learned counsel for the parties and perused the record. In Balochistan, the Federal Project Manual was being followed in Project Management Cycle and other development related portfolios. Several developments, including 18th Amendment made it necessary to develop a Provincial Planning and Project Management Manual. Planning and Project Manual of P&D Department, Government of Balochistan (the Manual) covers the existing rule, regulation and procedure. Moreover, it also provides procedure of several modification to suit the present day requirement of the project cycle that includes project identification, appraisal, approval, monitoring, closing and evaluation of the project under the PSDP. PSDP is the development part of Annual Budget Statement, indicating the Capital Revenue Expenditure proposed for various development projects for a financial year. The Provincial PSDP reflects the development strategy of the provincial government, focusing on Inter-Departmental and Inter-District equity as well as sectoral balance. It is coordinated by the P&D Department of the Government of Balochistan in close collaboration with Finance and other Administration Departments. Funds are allocated in different sectors as per functions assigned to the concerned departments under the Government of Balochistan Rules of Business, 2012. The provincial PSDP accounts for development expenditure for complete financial year (July 1st-30th June) is authenticated by the provincial cabinet followed by approval of Provincial Assembly and subsequent authorization of the Chief Minister of Balochistan as provided under Article 120 of the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution). Under the Constitution, development planning is not just a task for the government. It is a legal duty tied to ensure basic rights, economic fairness and fair distribution of resources as mandated in Articles 3 and 9 of the Constitution. The PSDP is the main budget tool provinces use to fund their development goals. In Balochistan, the provincial government creates its yearly PSDP through the "Planning and Development Department" (P&DD), which acts as the main provincial body for planning strategies, allocating funds and monitoring projects. The Government of Balochistan manages projects through a clear five steps process to ensure they are necessary, feasible and beneficial i.e. (i) project identification (ii) appraisal (iii) approval (iv) implementation and (v) monitoring and evaluation. In the first instance department or communities propose projects through detail concept paper. These proposals are rigorously checked for practicality, alignment with regional priorities and cost effectiveness. Approved projects once reviewed and finalized by a government panel (PDWP) to ensure they meet strategic goals.

6. To prevent arbitrary or politically expedient interventions, a strict criterion is prescribed for project inclusion emphasizing public utility, technical reliability. Block allocation and individually targeted schemes are disfavored. This ensures transparency and accountability in resource allocation. Once PSDP project is approved, its closure or relocation is treated as an exceptional measure. Such actions must, (1) Follow strict "administrative protocols" (as per Planning Manual) and (2) Undergo constitutional scrutiny to ensure fairness. In case titled "Abdul Raheem Ziaratwal v. Federation of Pakistan" (2014 SCMR 873), the Hon'ble Supreme Court ruled that "no project" can be altered, paused or moved without transparent, legally sound justification. Changes must be complied with official departmental procedure. The provincial government is legally bound to ensure any project modification which deprives an area of its fair share of development benefit. Arbitrary shifts for political or non-technical reasons are prohibited. Clause 11.2 of Balochistan Planning and Project Manual provides that "sometimes project needs to be ended early due to changing priorities or unexpected changes due to natural disaster, security risk or legal dispute that lack progress indefinitely. It would be beneficial to reproduce clause 11.2 of the Chapter II (Project Closure) of Planning and Project Manual for ease of reference. 11.2 dealt with premature project closure which reads as under, "It is pertinent that mere completion of the deliverables without adopting proper project closure mechanism does not mean the project is complete. There can be some situations when the projects are required to be prematurely closed. Sometimes situations may arise to close the project prematurely owing to the changed conditions, changed priorities or perpetual nature of project. The top management (PDWP) may not see the project feasible anymore or worth the investment upto completion stage. A failed project which is unable to deliver would only drain the resources if continued."

7. Any proposal to close or shift a project early must go through a full cycle approval process. This includes updating the project plan (PC-1) getting re-approval from the planning authorities (PDWP) and must contain clear reasons for the decision. In case titled Action Against Distribution of Development Funds By Ex-Prime Minister Raja Parvaiz Ashraf (PLD 2014 SC 131) the Honorable Apex Court laid down the rule that all projects must follow the Planning Commission's standard and ensure transparency. The PSDP is updated "yearly" allowing the planning and Development Department to adjust regional and local priorities annually. If a project is withdrawn from an area, the responsible administration department must re-nominate that area for development in the next year PSDP proposal. To do this, the Department must prepare new concept paper highlighting the affective areas' need. In Abdul Raheem Ziaratwal (supra) it was ruled that PSDP projects must follow the law, planning rules and fairness, project can only be closed or moved with strong evidence backed reasons and official re-approval. Arbitrary or practically driven changes are illegal. If a project is relocated, the Planning Department must prioritize the affected area in future PSDP plans. Failure to do this violates Articles 3, 9 of the Constitution. In Zarif Khan Hussain Zai and Brothers v. Government of Balochistan (2024 YLR 2353) this Court reiterated that scheme reflected in the "PSDP" must be of collective nature alleged with socio economic imperative and formulated through institutionalized sectoral plan, the relevant is reproduced as under, "The Government should formulate sectoral plan in respect of each sector, preferably, the above referred sectors, for the next PSDP of the year 2019-20 and onwards, to ensure sectoral balance and regional parity at the time of allocating funds and schemes for all sectors and districts of the province."

8. In the instant case electronic bid of widening/improvement/rehabilitation of road from Loralai to District Duki vide "PSDP No.1427" Z2024.0446 (scheme in question) was initially invited bid opening date was fixed on 18th September 2024 at 12:30 PM, which was cancelled on 13th September, 2024 due to unavoidable circumstances. Second time bid was cancelled on 10th December, 2024 due to reasons it was not published on time. Third time the bid in question was fixed on 23rd January, 2025 at 11:00 AM and again was cancelled/annulled due to unavoidable circumstances. The learned counsel for the petitioner argued that the change of nomenclature was made without sufficient legal justification or adherence to the rules. However, the learned AG countered this claim by stating that the inhabitants' claim/objection over the land led to halt in the implementation of the scheme. It has by now settled law that this Court cannot exercise its jurisdiction, where factual controversy is involved. In this respect reliance can be placed on case titled Messrs Ahmed Developers v. Muhammad Saleh and others (2010 SCMR 1057) and Suo-Motu case No.13 of 2007 (PLD 2009 SC 217), Sardar Naseer Ahmed Mooiani v. Chief Executive/Chief Secretary, Government of Balochistan, Quetta and others (2007 SCMR 105) and case titled Muhammad Yahya and others v. Government of Khyber Pakhtunkhwa through Secretary Forest and others (2022 MLD 21).

9. The learned Advocate General has filed a report dated 14-05-2025 on behalf of the Additional Chief Secretary (Development, Planning Department) Government of Balochistan and explained the change of nomenclature of the scheme by the Provincial Cabinet in its meeting held on 20th February 2025. In the report the respondent No.2 also processed the scheme in question in the next PSDP 2025-2026. The relevant is reproduced as under, "In this regard it is stated that the covering letter memo No. DS(Tech:)/PSDP/2024-25/2499-2502 dated 5th May 2025, of submission of PC-1/concept paper for the scheme of construction of black top road from Loralai to Duki via Pori Tak has been received dated 14th of May, 2025 to the office of undersigned, the same PC-1/concept paper of the scheme will be kept in the concept clearance committee meeting of P&D Department for consideration and its approval and the same will be further processed as per procedure of the Manual and Guideline of Planning Commission of Pakistan for its approval to include the scheme in the next PSDP 2025-2026." In view of the above, C.P. No. 490 of 2025 is partly allowed to the above extent and the parties are left to bear their own cost. MH/64/Bal Order accordingly.