M OHAM M AD IBRAHIM KHAN, J. Qazi Muhammad Azhar, a practicing lawyer at Abbottabad, and Sardar Shuja Ahmad, Tehsil Naib Nazim, TMA Abbottabad, are jointly looking for issuance of a proper writ directing the respondents to ensure construction of Interchange for Abbottabad City from the place known as Shimla Hill or any other suitable place in the larger public, interest.
2. A set of grounds have been given in this petition whereby ultimately the prayer has been set as under:- "It is, therefore, humbly prayed that the respondents be directed to ensure construction of interchange for Abbottabad city from place known as Shimla Hill or at any other suitable place in conformity with the Mandate of Article 8 read with Article 25 of the Constitution of Islamic Republic of Pakistan amended upto date. Any other relief as may be deemed fit and proper in the circumstances of the case."
3. The respondents were put on notice to file their parawise comments. Accordingly, the respondents Nos.2 and 3 (National Highway Authority) jointly while respondent No.4 from the Ministry of Planning, Development and Special Initiatives Government of Pakistan Islamabad separately, submitted their respective comments.
4. We have heard learned counsel for the parties at length with vehemence.
5. In the light of comments, furnished by respondents Nos.2 and 3, facility of two Interchanges as provided in the contract agreement between Government of Pakistan/NHA and Messrs CCCCL, which is a Chinese foreign company, under CPEC EPC mode contract, has already been provided to connect Abbottabad District and surrounding areas with CPEC Motorway while the respondent No.4 has stated in the comments that the Ministry of Planning, Development and Special Initiatives is limited only to process PC-1 for the development projects through relevant fora i.e. CDWP (Central Development Working Party) and ECNEC (Executive Committee of the National Economic Council) whereas implementation is the domain of Sponsoring/Executing Agency i.e. Ministry of Communication and NHA. The provision of Interchange demanded from Shimla Hill or any other suitable place nearest to Abbottabad city relates to the design of project keeping in view the sustainability and feasibility.
6. During the course of arguments, the learned Deputy Attorney General on behalf of the Federation has come up with an implied consent that the worthy Prime Minister of Pakistan may be pleased to accord the request of the people of this area in the larger interest of transport facility as the Interchange at Havelian is at considerable distance from where the city of Abbottabad is about twelve kilometers and it is almost difficult to approach the city of Abbottabad through Express highway while the learned counsel appearing on behalf of NHA has also got no objection that if PC-1 is prepared accordingly, being an executing agency, the work will be carried out for construction of Abbottabad Interchange subject to availability of funds.
7. We are conscious of the fact that Abbottabad is a famous and attractive city for tourists from all over Pakistan in the Khyber Pakhtunkhwa and it has large number of population with scenic spots like Galiyat, Thandiani, Orash, Bakot and Sherwan circles. In the summer seasons large number of people from all parts of the country visit Galiyat as well as other cool places like Naran and Kaghan, thus, the facility of separate Interchange is required to be provided to it in order to avoid rush on the G.T Road and there is no direct approach to the city from the main express highway/motorway.
Therefore, in light of the above given facts and implied consent given by the learned Deputy Attorney General coupled with showing no objection by learned counsel appearing on behalf of the NHA, the Prime Minister of Pakistan with a positive vision for ultimate facility for the people of Abbottabad it first consideration, shall carry out the necessary initiative by processing PC-1 for construction of Interchange nearby the Shimla Hill or any other suitable place and thereafter the NHA shall carry out the execution process within a time frame for earliest completion of the Project.
8. With the above observations, this petition stands admitted and allowed.