FCC bars all courts from halting Nai Gaj Dam construction

The Federal Constitutional Court (FCC) has barred all courts from interfering in the Nai Gaj Dam project until its completion and directed that contractual disputes be resolved through the mechanism provided in the agreement.

According to a news report, the court also set aside the high court’s judgment and related orders concerning the dam’s construction.

In a 17-page verdict authored by Chief Justice Aminuddin Khan, the FCC held that the high court had issued incorrect directions without properly considering the applicable law.

The judgment said the high court had overlooked the dispute resolution mechanism contained in the contract, along with relevant provisions of the Wapda Act and NAB laws.

The court observed that the scope of the high court’s jurisdiction under Article 199 of the Constitution could not be expanded beyond constitutional limits, adding that doing so could result in a miscarriage of justice.

The FCC said its directions were aimed at preventing further litigation from delaying the infrastructure project and expressed the expectation that all parties would proceed in line with the original contract.

The court directed Wapda to decide any complaint filed by the contractor within 15 days of receiving it.

It also ruled that Wapda would be free to re-tender the works in accordance with the law if the contractor breached the agreement.