Devolution of powers: Civic agency officials challenge transfers of directorates to IMC

Petitioners counsel says notifications ‘illegal’

ISLAMABAD: The decision of putting the directorates of the Capital Development Authority (CDA) under the administrative control of the mayor of Islamabad Metropolitan Corporation (IMC) including all rights, assets and liabilities through two notifications has been challenged by three employees of the civic agency.

Azhar Khan, Muhammad Nisar Akhtar and Syed Munawar Ali Shah, through their legal counsel Umar Hanif Khichi have challenged the notifications of June 22 and June 27 issued by a section officer of the Capital Administration and Development Division (CADD) before the Islamabad High Court (IHC).

While challenging the constitutional validity of the notifications, the counsel said that an illegal notification was issued by two incompetent persons: firstly, by the CADD’s section officer and secondly by the director administration of the CDA — on the basis of a notification earlier issued by the Ministry of Interior.

Khichi said that the notifications were issued without consultation of the CDA Ordinance in which it had explicitly laid down the procedure if the authority was dissolved or the course of action to deal with assets of the authority.

He said that notifications clearly mentioned that the assets and liabilities were now transferred to the IMC.

Khichi added that section 52 of the CDA Ordinance provides the unambiguous mode of its dissolution as well as transfer of its liabilities and assets to the federal government as well as any other agency determined by the government.

According to the section, he said, the federal government might by notification in the official gazette declare the authority shall be dissolved on such date as might be specified in the notification.

However, he said, the assets had been transferred through an office order — which was illegal and unlawful as the assets and liabilities could not be transferred to anyone by an office order.

Khichi said that till date no decision had been made to dissolve the authority, the properties, and its assets which were in the ownership of the authority until now and by a single notification no person had the right to transfer valuable assets of the CDA to any party.

In addition, he said that an appropriate procedure had been prescribed under the Islamabad Land Disposal Regulations (ILDR) with regard to disposal of property, however, the formula had totally been ignored and the respondents had violated the CDA laws.

Khichi has appealed to the court to declare that the notifications have no legal effect.

He has also requested to suspend the notifications and declare the notifications in violation of the CDA Ordinance.

Published in The Express Tribune, August 23^rd, 2016.