Parks and horticulture: Sending an agency to do an authority’s job

Municipal United Workers challenge establishment and jurisdiction of RDA’s Parks and Horticulture Agency.


Express July 21, 2011

RAWALPINDI:


The district administration continues with its plan to hand over all staff and equipment of Rawal and Potohar Town’s park departments to the recently-established Parks and Horticulture Agency (PHA) even as the agency’s very existence is being challenged in court.


Municipal United Workers (MUW) filed a petition with the Lahore High Court (LHC) Rawalpindi Bench contending that the control and maintenance of city parks is the duty of town administrations and not the Rawalpindi Development Authority (RDA); hence, RDA or an agency establishing under it cannot takeover these functions under relevant rules and regulations.

The petitioner’s counsel, Agha Taariq Mehmood, elaborated that the Punjab chief secretary had directed that an authority be set up in Rawalpindi to take control of the beautification of the city and its parks, but instead an agency has been formed to handle the task, that too under the RDA which lacks the jurisdiction to perform these duties.

“Only an authority established through the act of parliament can perform these duties, not RDA or an agency under it,” he added.

Due to time constraints, Justice Syed Mazahar Naqvi of LHC’s Rawalpindi Bench could not take up the case hearing which was due on Wednesday.

The court has earlier asked the government of Punjab and administration of Rawalpindi to submit their replies.

The petitioner’s counsel challenged the establishment of PHA on grounds that orders for its establishment had been issued by DCO Rawalpindi, instead of the RDA chairperson, which is a breach of local government laws.

He added that DCO Rawalpindi’s orders for transfer of staff and equipment of Rawal and Potohar Town’s park departments to PHA is unlawful, as the decision can only be taken by a secretary of the local government.

Citing chief secretary and secretary local government Punjab, DCO Rawalpindi and administrators of Rawal and Potohar Towns as respondents, that petitioners have prayed to the court to declare the establishment of PHA unlawful and stop the transferring of municipal staff to the agency.

Meanwhile, PHA officials said a summary for setting up a separate authority to look after the parks and horticulture in Rawalpindi is pending with the Punjab assembly for approval.

Published in The Express Tribune, July 21st, 2011.

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