Islamabad High Court (IHC) on Saturday ordered the federal government to dissolve Capital Development Authority (CDA) and transfer all its powers and assets to Metropolitan Corporation Islamabad (MCI). In a detailed judgment, justice Mohsin Akhtar Kayani gave that CDA has no legal authority to impose taxes on taxes. The Court further declared that any amount collected by authority from individuals or institutions in the form of cover of "Right to Road" or direct access fees must be repaid. The federal government was asked to initiate and end the process of dissolving CDA and transferring all its powers and assets to Metropolitan Corporation Islamabad (MCI). The judgment emphasized that the rights of Islamabad’s citizens must be protected under the law. The order was handed down in response to a petition filed by the Taj Residencia Housing Society and its residents. The court also declared SRO dated June 9, 2015-trial-moving CDA’s right-of-way and access fees, with all actions taken under it, and felt them as illegal. Any funds collected under this SRO must be returned. Justice Kayani noted that the CDA Regulation was initially adopted to establish federal capital and oversee its development, but due to developing management structures and new laws its practical relevance has been completed. The original goals of CDA have been met and it is now appropriate for the government to formally dissolve the authority. The court also ordered the Islamabad administration after the transfer of powers must function in a transparent and responsible manner. The judgment confirmed that Islamabad’s entire administrative, regulatory and municipal framework is governed by the local government law, which requires that no tax could be introduced without approval by the elected local government. Therefore, CDA is missing any legal authority to charge taxes. It is worth noting that CDA had introduced the right to access fees on petrol pumps and CNG stations and direct access taxes at private housing communities for connection to main roads. These charges were contested in IHC, which resulted in this important decision. RAINS PROMPT MONSOON ACTION On the other hand, CDA has completed a special action plan for the Monsun season and issued a review that outlined the responsibility for all relevant departments to ensure effective implementation. On the instructions of the CDA chairman, member administration Talat Mehmood has been assigned to supervise the plan. According to the message, special teams will be implemented after an examination of illegal basements and low -lying areas. Flooding camps and other security measures will be created to handle any emergencies. A flooding cell remains operational from July 1 to September 30, led by the Director of Emergency and Disaster Management. A dedicated auxiliary line will also be created and help will be available through rescue and fire service services. Leaders of relevant departments appoint focal persons in the emergency camps. The sanitary ward will operate under authority of emergency camps. A special operation will be launched against provisional houses and illegal constructions.
IHC ordering the abolition of CDA
