Syed MUHAMMAD ALAM SHAH vs PROVINCE OF SINDH through Chief Secretary S

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Syed MUHAMMAD ALAM SHAH VS PROVINCE OF SINDH through Chief Secretary S.2(xlii)---Constitution of Pakistan, Art.199---Development project, challenge to---Sustainable development, concept of---Constitutional jurisdiction of the High Court---Aggrieved person---Policy making domain of the executive authority in matters of development schemes---Scope---A project was initiated to construct a bridge over the Indus river---As part of the project, a flyover at the site of N-55 was under construction---The flyover was part of a 12-kilometer infrastructure initiative deemed essential for regional connectivity and socio-economic uplift---The petitioner challenged the alignment of the flyover contending it was technically flawed and would cause ambiguity and accidents---Held: The concept of 'sustainable development' was given recognition for the first time in 1972 in Stockholm Declaration 1972 which meant that 'Development that meets the needs of the present without compromising the ability of the future generations'---Instead of supporting the project the petitioner since inception endeavored to stop it by hook or crook as he knew that human development in the area might have crushed his so called hegemony---As per the record the petitioner tried to save his own land from being utilized in the project despite having availed compensation award through land acquisition authorities---Petitioner filed the present petition with unclean hands as he did not disclose in pleadings that for the similar relief he had filed a civil suit and the said relief was declined to him---Petitioner if aggrieved by construction of flyover on the basis of technical faults should have challenged it with promptitude and such a challenge must have been raised before the execution of the project was undertaken---Challenge at a belated stage on any of the claims including those of pro bono publico could not sustain---Once the execution had started, the public exchequer remained under constant burden and delay in the execution of project could have defeated the very concept of time value of money which was primary factor in implementation and execution of project---Petitioner under the garb of public interest litigation brought a 'publicity interest litigation' or 'private inquisitiveness litigation' with a malicious design to halt the socio economic development of the area and to frustrate a mega development project---Present petition suffered from laches as it was filed nine years after the commencement of project---Any interference into the affairs of executing agency when the project was at almost completion stage would have amounted to judicial overreach and encroachment upon the powers of executive---Petitioner was not an aggrieved person for the purpose of filing of the present Constitutional petition---Petitioner failed to establish that his fundamental rights were at stake in order to make out a case for indulgence of High Court under writ jurisdiction---Present Constitutional petition being misconceived, hit by laches, devoid of merits, was dismissed, in circumstances.

Syed MUHAMMAD ALAM SHAH vs PROVINCE OF SINDH through Chief Secretary S — 2026 CLD 310 KARACHI-HIGH-COURT-SINDH

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