PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought explanation from the government for authorising the Peshawar Development Authority (PDA) to execute mega development projects in other districts of the province.
A division bench comprising Chief Justice Yahya Afridi and Justice Abdul Shakoor asked the additional advocate general and legal advisor of the PDA to explain under which law the PDA was authorised to execute projects in Mardan and Nowshera.
The bench asked the law officer and lawyers’ representing the respondents to explain Rule 3(2) (c) of the KP Public Procurement of Goods, Works and Service Rules 2014 about awarding direct contract of mega schemes to government contractors.
However, the court maintained the stay order and stopped the Khyber Pakhtunkhwa government from issuing work order of eight major construction projects to the National Logistics Cell (NLC) till the next order of the court.
The court was hearing writ petition filed by the Private Contractors Association, Khyber Pakhtunkhwa, in which it had challenged the award of the contract of mega projects to the two government construction companies without bid competition.
During the hearing, the petitioners’ lawyer submitted that the provincial government on February 27 awarded contract of five mega projects to the NLC.
The projects included flyover at Warsak Road-Ring Road intersection, Level-II flyover at the GT Road at the Ring Road intersection (Pir Zakori Flyover) in Peshawar, internal road rehabilitation projects in Peshawar city, Peshawar uplift programme and flyovers at the Jawad Chowk and Katlang Chowk in Mardan through direct contracting.
The lawyer said three more contracts were also given to the government construction company.The lawyer for the private contractors submitted that the provincial assembly had enacted the Khyber Pakhtunkhwa Public Procurement Regulatory Authority (KPPRA) Act, 2012 to provide for legal and regulatory framework for public procurement and promote transparency and accountability in the bidding for the projects.
However, he submitted that the provincial government then adopted KP Public Procurement of Goods, Works and Service Rules 2014. He said the rule 3(2) of the KPPRA regulations provided that deviation from normal methods of advertisement and response may be allowed in case of emergency or disaster.
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