PHC stops govt from diverting Rs20m Kohat funds
PESHAWAR: A Peshawar High Court bench on Monday stopped the provincial government from diverting Rs20 million funds allocated for two developmental schemes in PK-81 constituency of Kohat district to any other area.
Justice Ishtiaq Ibrahim and Justice Shakeel Ahmad issued the order during the hearing into a petition filed by JUI-F MPA Shahdad Khan, who claimed that former minister Imtiaz Shahid Qureshi had connived with the relevant government officials to stop work on his development schemes and got their funds diverted to other projects.
The bench fixed July 30 for the next hearing and issued notices to the provincial finance secretary, Kohat deputy commissioner and the communication and works secretary asking them to respond to the petition.
The respondents in the petition are the chief secretary, finance secretary, additional chief secretary (planning and development), former law minister Imtiaz Shahid Qureshi, Kohat DC, provincial chief minister, C&W secretary, and C&W Kohat executive engineer.
Amin Khattak Lachi, lawyer for the petitioner, said Kohat district, known for rich oil and gas reserves, was divided into three constituencies, including PK-80, PK-81 and PK-82.
He said the federal government had introduced a policy in 2008-09 fixing five per cent share of royalty on oil and gas receivable from the federal government for different districts, where wellheads were located.
The lawyer said under the policy, that amount was to be utilised on development schemes, including drinking water supply, schools, roads and electricity.
He said the Petroleum Exploration and Production Policy, 2012, was notified in 2012 increasing the royalty share of five per cent to 10 per cent for infrastructure development in the district, where oil and gas were produced.
The lawyer said after the promulgation of the policy, the royalty released by the federal government remained at the disposal of the relevant MPA, who submitted schemes through district development advisory committee for carrying out development projects in his/her district.
He said the petitioner had proposed development schemes regarding rehabilitation and repair of lachi Darthapoi Road and repair of Nandraka Shakardara Road, which were approved before Rs20 million was fixed for it and a PC-1 was prepared.
The lawyer said for the purpose of execution, the government handed over the schemes to the C&W department.
He alleged that former minister Imtiaz Shahid had connived with the chief minister and Kohat DC to shift those funds to other projects.
The lawyer said once the projects of the petitioner were approved by the government, their funds couldn’t be transferred to any other project.
He requested the court to declare illegal the DC’s action and direct the C&W department to complete the project within the specified time.
Published in Dawn, July 23rd, 2019