PHC stays KP govt’s decision to dissolve Sarhad Development Authority

Handover of assets to private firm also disallowed

PESHAWAR: The Peshawar High Court (PHC) on Wednesday stayed dissolution of Sarhad Development Authority (SDA) by the Khyber Pakhtunkwha government till the next order.

A two-member bench comprising Justice Nisar Hussain Khan and Justice Muhammad Younas Thaheem also stopped the provincial government from handing over the SDA’s assets to a private firm, Khyber Pakhtunkhwa Economic Zones Development and Management, till the next order of the court.

The bench sought written reply from the provincial government through chief secretary and other officials concerned.The court passed the directives on the writ petition filed by SDA Employees Federation’s president Ismail Khalil and 317 other workers.

The petitioners lawyer Mohibullah Kakakhel submitted that the Supreme Court of Pakistan, on March 25, 2015, directed the Khyber Pakhtunkhwa government to frame rules and regulations for the SDA employees.

In violation of the order of apex court, he said, the provincial government instead of framing rules and regulations for the employees had decided to dissolve the SDA.

The lawyer informed the bench that the provincial government was going to hand over the assets of the SDA worth billions of rupees to a private firm Khyber Pakhtunkhwa Economic Zones Development and Management.

He pointed out to the bench that a diploma holder engineer, Munir Gul, had given his presentation to the officials and Pakistan Tehreek-e-Insaf leadership at Bani Gala, wherein it was decided that the assets of SDA would be handed over to the private firm.

For the purpose, he said, a summary was prepared and presented to the chief minister on March 13, which was approved on March 17. 

The lawyer argued that dissolution of the SDA was an illegal and unlawful act of the provincial government. He said the provincial government had taken several steps for the dissolution of the SDA despite the fact that the petition against dissolution was pending before the court.

He said the SDA’s assets included industrial estates comprising Hattar, Gadoon Amazai, Peshawar, Dera Ismail Khan, Risalpur, Nowshera, Mansehra and Karak.

During the trial, he submitted that the provincial government had handed over 423 acres of precious commercial land of the SDA to the private firm.

In the meantime, he said, the secretary industries through an unlawful way on October 30 issued a notification about establishment of Board of Governors and declared himself as chairman of the board.

He said a trader from Lahore Mohsin Saeed was made as director planning, while under the law it was the job of the Establishment Department to issue the notification.

The petitioners’ lawyer submitted that dissolving the SDA was a political decision to benefit some persons as precious assets of the SDA are being sold at throwaway prices.

The bench stopped the government from dissolving the SDA and selling its assets till the next order of the court. It sought reply from the provincial government in the case before the next hearing.