Defence ministry, KP govt restrained from taking action against PDA

PESHAWAR: The Peshawar High Court (PHC) on Tuesday restrained the Ministry of Defence and provincial government from taking action against the Peshawar Development Authority (PDA) and its director general.

A two-member bench comprising Justice Lal Jan Khattak and Justice Abdul Shakoor stopped the Ministry of Defence and provincial government from taking the action on the recommendations of the provincial ombudsman till the next order of the court.

The court issued notice to provincial ombudsman and its registrar to submit reply in the writ petition before the next hearing.

PDA Director General Muhammad Saleem Hassan Wattoo had challenged the orders and recommendations of the provincial ombudsman in the high court through his lawyer, Tariq Afridi.

It was submitted in the petition that Provincial Ombudsman Waqar Ayub made the recommendations on July 10, 2017.

He recommended that the defunct PDA was no more a legal entity after 2002 and status of City Development and Municipal Department (CD&MD) become questionable after repeal of Khyber Pakhtunkhwa Local Government Ordinance 2001.

“The provincial government is advised to revive the CD&MD through an amendment in Khyber Pakhtunkhwa Local Government Act, 2013 or accelerate the approval of the draft legislation for establishing PDA pending in the Law Department,” the ombudsman recommended.

The recommendations stated that the local government notification issued on January 9, 2009 being void abinitio cannot resurrect PDA made defunct by a statute and provincial government and local government department should take corrective steps and stop officers of defunct PDA from exercising powers under repealed NWFP Provincial Urban Planning Ordinance, 1978 and rules/regulations thereunder.

The provincial ombudsman also on July 14 issued a letter to Ministry of Defence against the DG PDA and recommended departmental action against him for crossing the limits of his authority, powers and jurisdiction and thus has been held guilty of maladministration and misconduct and the proceedings be communicated to the provincial ombudsman office.  

It was also recommended that exercise of administrative and financial authority by officers of defunct PDA was without legal force and appropriate action needed to be taken in the matter.

It was submitted in the petition that the recommendations of the provincial ombudsman has almost created a parallel judicial organ, questioning the authority of the PHC and the very exercise of the PDA was utter disregard to the law and facts.

However, the DG PDA claimed in the petition that before 2002, NWFP Local Government Ordinance 2001 was promulgated under which the local governments were established.