Citation Name: 2023 CLC 1699 PESHAWAR-HIGH-COURTBookmark this Case SAMSON GROUP OF COMPANIES vs PUBLIC PRIVATE

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Citation Name: 2023 CLC 1699 PESHAWAR-HIGH-COURTBookmark this Case SAMSON GROUP OF COMPANIES VS PUBLIC PRIVATE PARTNESHIP Ss. 3, 4, 6 & 14 [as amended by Khyber Pakhtunkhwa Galiyat Development Authority (Amendment) Act (XVII of 2020)]---Khyber Pakhtunkhwa Public Private Partnership Act (XLII of 2020), Ss.4, 11, 12 & 29---Development of Galiyat---Award of contract---Legal regime applicable---Scope---Petitioner company was aggrieved of not following provisions of Khyber Pakhtunkhwa Public Private Partnership Act, 2020, in awarding of contract to respondent company---Validity---Having overwhelming powers for dealing with its own properties, the only way of harmonious interpretation of Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016, with Khyber Pakhtunkhwa Public Private Partnership Act, 2020, was to hold that it was optional for fully autonomous bodies to have resort to Public Private Partnership or to enter into such contract under its own legal regime---It was up to Galiyat Development Authority as contracting authority to enter into mechanism provided under Khyber Pakhtunkhwa Public Private Partnership Act, 2020---If Galiyat Development Authority did not make recourse to Khyber Pakhtunkhwa Public Private Partnership Act, 2020, it had its own powers under Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016, and Regulations framed thereunder to enter into Public Private Partnership for leasing out its property---Such act of Galiyat Development Authority, in not entering into Public Private Partnership, as provided in Khyber Pakhtunkhwa Public Private Partnership Act, 2020, did not suffer from illegality or want of lawful authority--- It was optional for the contracting authority i.e. Galiyat Development Authority as well as Provincial Government to have opted for undertaking the project under the provisions of Khyber Pakhtunkhwa Public Private Partnership Act, 2020 but if neither of the two had opted thereof, and rather had undertaken the project under Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016, read with Galiyat Development Authority Auction Regulations, 2019, their decisions were not invalid and unlawful or lacking lawful authority---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 CLC 1699 PESHAWAR-HIGH-COURTBookmark this Case SAMSON GROUP OF COMPANIES VS PUBLIC PRIVATE PARTNESHIP Ss. 3, 4, 6 & 14 [as amended by Khyber Pakhtunkhwa Galiyat Development Authority (Amendment) Act (XVII of 2020)]---Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act (I of 2015), S.29---Pakistan Environmental Protection Act (XXXIV of 1997), S.12---National Park---Accessibility to public---Recreation, education and research purposes---Scope---Petitioner was aggrieved of award of contract by authorities to respondent company---Validity---Provisions of Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act, 2015 did not aim at obviating all such activities in a National Park---For the purposes of recreation, education and research, under S.29 of Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act, 2015, National Park was to be accessible to public subject to such restrictions as Government might impose---Provision of access roads to and construction of rest houses, hostels and other buildings along with amenities for public under S.29(3) of Khyber Pakhtunkhwa Wildlife and Biodiversity (Protection, Preservation, Conservation and Management) Act, 2015, were to be made in such a way, as not to impair the object of establishment of National Park---Facilities so provided were to be in conformity with the recommendations of environmental impact assessment or initial environmental examination within the meaning of Pakistan Environmental Protection Act, 1997---Construction of public amenities and necessary roads were not totally banned but were regulated---Regulating powers of concerned Authority would apply to the subject project with full force---High Court did not declare contract in question as illegal in toto---High Court declared that all its provisions were to be read in accordance with and subject to all the prevalent laws of the land applicable in the area---Constitutional petition was disposed of accordingly.

Citation Name: 2023 CLC 1699 PESHAWAR-HIGH-COURTBookmark this Case SAMSON GROUP OF COMPANIES vs PUBLIC PRIVATE PARTNESHIP Ss — 2023 CLC 1699 PESHAWAR-HIGH-COURT

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