PESHAWAR: A single-member bench of the Peshawar High Court on Monday issued a stay order stopping the Khyber Pakhtunkhwa’s communication and works department from acting against a construction firm belonging to the family of PML-N leader and prime minister’s adviser Amir Muqam over the delay in the execution of a road project, whose contract was awarded to it.

Justice Syed Afsar Shah fixed for Jan 11 the next hearing into a petition of AM & Company, which challenged the delay in payment of Rs199.588 million dues on account of the contract awarded to it for the construction and blacktopping of 35km road from Manglawar to Malam Jaba in Swat.

The petitioner has requested the high court that as interim relief, the respondents, including the C&W department, might be restrained from rescinding the contract agreement of the subject road and fore featuring the security deposit of the firm.

The bench issued notices to the respondents, including the C&W secretary, chief engineer (north) and Swat Circle superintendent engineer, asking them to explain their respective position on the matter during the next hearing.

The bench ruled that until the next hearing, no action should be taken against the petitioner.

Tariq Afridi and Shaibar Khan, lawyers for the petitioner, said Amir Muqam, the husband of the managing partner of the construction firm, and father of the two partners of the firm, was the adviser to the prime minister Nawaz Sharif and therefore, the respondents in the case were bent on ruining the financial position of the firm on the illegal orders of the KP government while misusing their official position.

They said the firm had participated in the competitive bidding for construction and blacktopping of Manglawar-Malam Jaba Road comprising three packages and that the contract was awarded to it.

The counsel said the stipulated period for the project’s execution was 24 months i.e. from Aug 18, 2015 to Aug 18, 2017.

They said the firm had begun the work and carried it ahead at fast pace using huge construction plants and machinery, including 60 excavators and bulldozers, due to limited working season and snow-bound area.

The lawyers said the firm through three covering letters sent on Mar 12, 2016, submitted interim payment certificate amounting to Rs232.497 million to the supervisory consultant, ABM Engineers and Consultants, for approval and onward submission to respondents for payment.

They added that the firm approached the respondents time and again for release of the said amount but it was delayed on one pretext or another.

The counsel said through different letters sent on July 27, 2015, Sept 15, 2015, and Nov 25, 2015, the petitioner had apprised the respondents to direct the concerned departments for removal/relocation of water supply lines, electric poles, PTCL cables lying along the road causing operational hindrance but the respondents with mala fide intentions did not take any step in this regard so that the petitioner could not execute the remaining work and that the petitioner could be deprived of its legitimate amount of certified work done.

They said the creation of hurdles to the payments and execution of the remaining work on the project was against the provisions of the Constitution, which prohibited the state from exploitation.

Published in Dawn January 3rd, 2017