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Official Citation: 2023 LHC 6820
Court / Jurisdiction: Lahore High Court
Year of Decision: 2023
Decision Date: 2023-12-21
Parties: Nouman Arshad vs The Director General, etc
Ruling Summary: This decision was rendered by the Lahore High Court on 2023-12-21, officially reported as 2023 LHC 6820. In this matter between Nouman Arshad and The Director General, etc, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023LHC6820
Court Name: Lahore High Court Judge(s): Shahid Jamil Khan Title: Nouman Arshad vs The Director General, etc Case No.: Case No. W. P. No.2977 of 2021 Date of Judgment:2023-12-21 Reported As: 2023 LHC 6820 Result: Petition Disposed of
JUDGMENT
JUDGMENT Shahid Jamil Khan, J:- This is second petition on the subject. Earlier direction was given vide order dated 19.02.2020 in W.P.No.10185 of 2019, operative part of which is reproduced:- 2. Let copy of this petition along with all its annexures be remitted to respondent No.3/Managing Director, WASA, Lahore who will look into the matter and if any such application as claimed is pending, will attend to the same and dispose it of through a speaking order passed on its own merit and in accordance with law and rules after providing an opportunity of hearing to the petitioner. The petitioner will attend the office of Managing Director, WASA, Lahore on 25.02.2020 at 11:00 am. The application will be disposed of within twenty days of the given date. With these observations, instant petition is disposed of. In response, letter dated 26.02.2020 was issued by Managing Director, WASA, which reads as: "WASA has undertaken the work for improvement of Sewerage System in Abadies Adjacent to Saggian Road Shahdara Lahore (ADP) and the work expected to be completed till 30th December 2020 depending on funds release from Government of the Punjab." [emphasis supplied] 2. Notices were issued to the Government of Punjab seeking explanation regarding delay in providing fund on a project commenced in the year 2018. Learned counsel for the respondent-WASA apprised that Budget was distributed / allocated and undertook on behalf of Managing Director, WASA that development work in question shall be completed by 31st of December, 2023. 3. During proceedings, it was brought to the notice of Court that Development Budget is being expended by Caretaker Government in posh areas of Lahore like DHA which is an independent
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Authority, ignoring the over populated and undeveloped areas. Placing reliance on M/s. Mazhar Hussain v. Government of Punjab, etc (PLD 2023 Lahore 257), it was asserted that new development projects can only be identified by Elected Government. Interim Government can only expend Budget on the already determined and approved projects by Elected Government. The Punjab Government was asked to submit details of projects already sanctioned by the Elected Government and projects which have been initiated by the Interim Government. No detail has so far been produced before this Court and compliance is being delayed on one pretext or the other. 4. Under Article 19-A of the Constitution of Islamic Republic of Pakistan, 1973, it is fundamental right of every citizen that information regarding spending and allocation of Budget be made public. The Office of Chief Secretary Punjab is, hereby, directed to ensure that detail of all previously sanctioned projects by Elected Government and of those, initiated by the Interim Government be disseminated to general public through Electronic and Print Media within next 15-days. Disposed of.