The Federal Constitutional Court (FCC) has ruled that no court can halt the construction of the Nai Gaj Dam until the project is completed. The decision came after the court set aside earlier High Court rulings related to the dam’s construction.
The judgment states that any dispute arising during the project must be resolved through the dispute resolution mechanism agreed upon in the construction contract. According to the court, this approach will help prevent unnecessary delays in completing an important public infrastructure project.
Court Sets Aside High Court Orders
The Constitutional Court delivered its verdict in the Nai Gaj Dam case on Monday. It ruled that the High Court’s earlier judgment and related orders could not stand under the applicable legal framework.
According to the court, uninterrupted progress on the dam serves the wider public interest. Therefore, it directed that no court should interfere with the project’s execution before its completion.
The judgment also noted that disputes linked to the project should follow the contractual process agreed upon by the parties instead of judicial intervention.
Court Highlights Constitutional and Legal Framework
The court observed that the High Court had issued directions without fully considering the relevant laws.
It stated that the earlier orders did not adequately examine the agreed dispute resolution procedure. Moreover, they overlooked the legal framework governing the Water and Power Development Authority (WAPDA) and the relevant provisions of the National Accountability Bureau (NAB) laws.
Furthermore, the Constitutional Court held that the jurisdiction granted to High Courts under Article 199 of the Constitution cannot be expanded through judicial interpretation.
According to the judgment, exceeding constitutional limits could affect the proper administration of justice. Therefore, the court expressed the expectation that all parties would continue acting according to the original terms of their contract.
Directions Issued to WAPDA
The judgment directed WAPDA to decide any complaint submitted by the contractor within 15 days.
In addition, the court ruled that if the contractor is found to have violated the agreement, WAPDA should re-tender the remaining work in accordance with the law.
The 22-page judgment was authored by FCC Chief Justice Aminuddin Khan.
About the Nai Gaj Dam Project
The Nai Gaj Dam is an embankment dam under construction on the Gaj River near the Kirthar Mountain Range, around 65 kilometres northwest of Dadu in Sindh.
Once completed, the project’s power station will have an installed generation capacity of 4.2 megawatts (MW).
The Constitutional Court’s ruling is intended to ensure that work on the Nai Gaj Dam continues without legal interruptions while contractual disputes are resolved through the agreed mechanism.
