Civic violations: CDA moves to enhance fines, jail terms

Proposed amendment to CDA ordinance would address nominal fine amounts

ISLAMABAD: In a move to protect the city’s master plan from further degradation, the capital’s civic agency has suggested enhanced penalties for legal violations.

A proposed amendment to the Capital Development Authority (CDA) Ordinance 1960 provides enhancement of punishment from six months imprisonment to five years for contravening municipal laws.

The proposed amendment, currently under discussion, also suggests enhancement of fines up to Rs1 million.

“Stringent punishment will create deterrence against municipal offenses. It will discourage violations of the CDA Ordinance and the capital’s master plan,” said the CDA spokesperson.

He said the amendment had been finalised and would soon be sent for government endorsement. Currently, Section 46 of the CDA Ordinance 1960 states, “Whoever contravenes any provision of this ordinance or any rules or regulations made or scheme sanctioned there-under shall, if no other penalty is provided for such contravention, be punishable with imprisonment which may extend to six months or fine or with both.”

Now, the proposed amendment to the section 46 calls for replacement of “six months or fine” with “five years or fine up to Rs 1 million”.

A senior official of the authority, who asked not to be named, said the move was primarily aimed at maintaining the green character of Islamabad and addressing increasing encroachments on state land.

In January 2011, the civic agency had informed the Supreme Court of Pakistan that around 20,000 acres of CDA land worth billions of rupees was under adverse possession or encroached upon.

In the recent past, the illegal practice has continued. Though the CDA carries out frequent drives to remove fresh encroachments, reclaiming such a huge land bank is a far cry.

“Islamabad is the only planned city of Pakistan. This character of the federal capital can only be protected through the introduction of strict measures,” he said.

He added the harsh punishments would also be applicable on CDA officials and officers found to be facilitating violators.

Not the first time

In 2011, a PML-N MP had moved “The CDA (Amendment) Bill 2011”. The bill proposed similar measures to preserve the green character of Islamabad and to give an address encroachments and haphazard construction.

That bill also suggested enhancing punishments for violations to five-year jail terms. For unknown reasons, the bill never got off the ground.

Published in The Express Tribune, May 14^th, 2016.