IHC directs federal govt to dissolve CDA

Islamabad: The Islamabad High Court has directed the federal government to dissolve the Capital Development Authority (CDA).

Justice Mohsin Akhtar Kayani of the Islamabad High Court issued a written decision.

The court declared the CDA’s SRO on right of way and access charges null and void and said that the federal government should initiate and complete the process of dissolving the CDA and transfer all its powers and assets to the Metropolitan Corporation.

The written decision states that all the steps of the CDA under the SRO are declared illegal. If the CDA has received any money from anyone under the SRO, it should be returned.

The Islamabad High Court said that the CDA Ordinance was enacted for the establishment of the federal government and its development works. The practical usefulness of the CDA Ordinance has been lost with the new laws and governance. The purpose of establishing the CDA has been fulfilled; therefore, the government should dissolve it.

The court stated that it should be ensured that the Islamabad administration is transparent and accountable after the transfer of powers. The rights of the citizens of Islamabad should be protected under the law. All administrative, regulatory, and municipal frameworks of Islamabad work under the Local Government Act.

The written decision added that the Islamabad Local Government Act is a special law of governance through elected representatives. According to the law, taxes cannot be imposed without the approval of the local government, and the CDA has no legal authority to impose taxes.

It is pertinent to note that the CDA had imposed a right of access tax on petrol pumps and CNG stations.

In addition, a direct access tax was imposed on housing societies from the main highway.