Federal Constitutional Court Bars Judicial Interference in Nai Gaj Dam Project Until Completion

Islamabad: The Federal Constitutional Court has issued a significant ruling in the Nai Gaj Dam construction case, directing that no court should interfere with the project until its completion.

According to the 17-page judgment, authored by Chief Justice Amin-ud-Din Khan, the court said the directive was intended to prevent further litigation from delaying the completion of an important public infrastructure project.

The court set aside the Sindh High Court’s rulings and orders related to the dam’s construction, holding that the High Court had issued directions without properly considering the applicable legal framework. The judgment stated that the High Court failed to take into account the agreed dispute resolution mechanism, as well as the relevant provisions of the WAPDA laws and NAB laws.

The Constitutional Court ruled that any disputes arising from the construction contract must be resolved in accordance with the dispute resolution procedure agreed upon by the parties in the contract.

The judgment further observed that the jurisdiction of the High Court under Article 199 of the Constitution cannot be expanded beyond its constitutional limits, adding that exceeding those limits can result in a miscarriage of justice.

The court expressed the expectation that all parties would proceed in accordance with the original contract. It also directed WAPDA to decide on any complaint filed by the contractor within 15 days. The ruling added that if the contractor is found to have breached the agreement, WAPDA would be free to re-tender the remaining work in accordance with the law.