Islamabad: Federal Constitutional Court (FCC) has stopped any court from interfering in the project of NEW Gaj dam till the completion of construction of the dam. FCC has issued 17-page decision in the case of construction of Gaj dam. The decision has been authored by Chief Justice (CJ) FCC Amin ud Din Khan .

It has been maintained in the decision that this directive is aimed at stopping further legal proceedings from becoming hindrance in the completion of project of important basic public structure.

The court while declaring null and void the decision and orders of high court regarding construction of new Gaj dam observed that high court issued wrong directives without keeping in view the law.

According to decision high court did not keep in view in its orders the procedure of resolution of disputes , WAPDA rules and NAB laws. FCC maintained what procedure was settled for resolution of disputes in the agreement related to construction of dam , the matters will be resolved in accordance with it.

Constitutional Court held that High Court exceeded limits of its constitutional jurisdiction under Article 199 by attempting to interfere in matters beyond its legal authority. It ruled that constitutional jurisdiction cannot be used to rewrite contractual obligations, bypass an agreed arbitration process, interfere in independent statutory proceedings, or compel a statutory authority to act outside the powers granted by law. The court has expressed expectation that all the respondents will move ahead as per original agreement.

The court directed WAPDA should decide within 15 days after receipt of complaint from the contractor. If the contractor violates the agreement then WAPAD as per law will be free to again tender the works of projects.