Executive authority of Province

2018 CLC 134 PESHAWAR-HIGH-COURT Judicial Precedent

S. 3Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013) S.119Constitution of Pakistan, Arts.137 & 142Executive authority of ProvinceEstoppel, principle ofApplicability

Petitioner was aggrieved of decisions taken by Provincial Government with regard to allocation of funds and approving developmental projects in his constituency

Validity

All developmental projects prepared by P&D Department and placed for approval of Provincial Assembly were to be voted upon and passed by a simple majority of members of Provincial Assembly

Objected schemes and petitioner's schemes were duly included in Annual Development Program by P&D Department and placed before provincial assembly for its approval which was duly acquired

District Development Advisory Committee had no legal authority to interfere in developmental schemes proposed and sanctioned by local governments under Khyber Pakhtunkhwa Local Governments Act, 2013

Objected scheme and scheme of petitioner did not fall within 30% developmental budget allocated to local governments and legally, District Development Advisory Committee was competent to recommend site and allocation of projects in question

No penalty or consequences were provided under Khyber Pakhtunkhwa Establishment of District Development Advisory Committee Act, 1989, in failure to recommend site or allocation of project to be carried out in district and provision of recommending site and allocation by District Development Advisory Committee was directory and not mandatory

Objected scheme was approved by Provincial Assembly without any objection by petitioner during budget and legally same had barred him to oppose it before High Court on principle of estoppel by conduct

Development projects included in Annual Development Program and approved by Provincial Assembly could not be agitated in a court of law being non-justiciable

Exception was those umbrella projects placed as block allocations without any specification of site and location

Such allocation may lead to discretionary allocations at a subsequent stage and could be legally agitated on touchstone of impropriety, bias and discrimination

High Court in exercise of Constitutional jurisdiction declined to interfere in schemes objected by petitioner

Constitutional petition was dismissed in circumstances.