Peshawar High Court Admits Public Interest Petition Challenging Governance and Planning of KPCIP

PESHAWAR/ABBOTTABAD: The Abbottabad Bench of the Peshawar High Court has admitted a Public Interest Litigation (PIL) challenging the governance, administrative functioning, fiscal management, and planning undertaken in the 2 phase of the Khyber Pakhtunkhwa Cities Improvement Project (KPCIP), one of the largest externally financed urban development programmes in Khyber Pakhtunkhwa.

A Division Bench of the Honourable Court admitted the writ petition and issued notices to the Provincial Government, the Federal Government, and other concerned respondents, directing them to submit para-wise comments.

According to the petition, KPCIP has been functioning for more than one year without a duly appointed full-time Project Director, with the project being managed through successive additional charge arrangements. The petition alleges that, as part of a calculated administrative design, Mr. Hamid Ullah Shah was transferred as Special Secretary, Local Government, Elections and Rural Development Department (LGE&RDD), and was subsequently assigned the additional charge of Project Director, KPCIP. It further records the alleged premature cancellation of the Extraordinary Leave (EOL) of Mr. Zafar Ali Shah, the withdrawal of his financial powers, and the premature termination of his tenure as Project Director. The petition also refers to the appointments of Mr. Yasir Ali Khan and Mr. Arshad Afridi as Project Director on additional charge basis. According to the petitioners, the repeated reliance on temporary additional charge arrangements, instead of appointing a full-time Project Director in accordance with the approved governance framework and prescribed eligibility criteria, has adversely affected institutional performance, accountability, continuity of leadership, and effective project implementation.

The petition further states that although senior leadership positions, including the Project Director, were advertised in May 2025 and candidates were shortlisted, the recruitment process was discontinued before interviews were conducted. It further points out that while fresh recruitment advertisements were issued in April 2026, several key governance positions—including Project Director, Director Finance and Administration, and Internal Auditor—were omitted. The petition also highlights the absence of duly appointed Directors for Finance and Administration, Reforms, and Project Development, alleging that these vacancies have significantly weakened institutional capacity and oversight.

The petition alleges that the project’s declining performance has become a matter of concern for multiple stakeholders and further refers to concerns reportedly communicated by the Asian Development Bank (ADB) regarding various aspects of project implementation and governance.

The petition also raises questions regarding administrative practices within KPCIP, alleging victimization of duly appointed officers, weak fiscal controls, and financial irregularities that, according to the petitioners, require judicial scrutiny.

With respect to Abbottabad, the petition challenges decisions relating to the Sherwan National Park infrastructure project, alleging that officials of WSSC Abbottabad approved additional investments, issued price variation orders, and increased contract costs by millions of rupees while overlooking urgently required urban drainage infrastructure for Abbottabad city. The petition contends that this reflected flawed planning and poor prioritization of scarce public resources.

The writ petition further raises concerns regarding the implementation of the Solid Waste Management component of KPCIP. It states that substantial financing was secured in 2021 from the Asian Development Bank (ADB) and the Asian Infrastructure Investment Bank (AIIB) to improve solid waste management systems across various cities of Khyber Pakhtunkhwa. However, according to the petition, despite the projects being scheduled for completion this year, major contracts have yet to be awarded, resulting in significant implementation delays.

The petition further alleges that these delays have exposed the Government of Khyber Pakhtunkhwa to additional financial liabilities in the form of commitment charges payable to international development partners for the non-utilization of committed loan funds within the agreed implementation schedule.

The petitioners submit that the issues raised before the Court reflect broader concerns relating to administrative governance, fiscal discipline, institutional accountability, and efficient utilization of public funds in one of the province’s largest development portfolios. They seek judicial intervention to ensure transparent governance, compliance with approved recruitment procedures, strengthened financial oversight, and improved project management in accordance with law.

The petitioners are represented by a joint legal team led by Advocate Saad Abbasi, and Advocate Syed Waqar Amjad. The litigation team further includes Advocate Malik Jibran, Advocate Dr. Zubair, Advocate Sardar Wahab Alam, Advocate Sardar Danish, and Advocate Haris Khan, who are assisting in the conduct of the public interest litigation before the Honourable Peshawar High Court, Abbottabad Bench.

The matter will now proceed after the respondents submit their para-wise comments before the Honourable High Court.

Leave a Reply

Your email address will not be published. Required fields are marked *