The Islamabad High Court (IHC) has issued a landmark judgment ordering the dissolution of the Capital Development Authority (CDA) and transferring its powers, assets, and functions to the Islamabad Metropolitan Corporation (MCI). The decision marks a significant shift in the governance structure of Pakistan’s federal capital.
Court Ruling
The IHC verdict, delivered by Justice Mohsin Akhtar Kayani, was in response to two writ petitions challenging the legality of a 2015 Statutory Regulatory Order (SRO) issued by the CDA. The SRO imposed Right of Way (ROW) charges on fuel stations and other commercial entities situated along major roads in Islamabad. The court declared the SRO illegal, stating it lacked lawful authority.
In its ruling, the court emphasized that the ICT Local Government Act, 2015, governs the administrative and municipal framework of Islamabad, and any attempt by the CDA to override this law is unconstitutional. The IHC ordered the federal government to initiate and conclude the process of dissolving the CDA and transferring all municipal responsibilities to MCI.
Financial and Legal Implications
The judgment also noted that CDA had collected a total of Rs. 337 million under the now-nullified ROW charges. The court has directed authorities to refund this amount, stating that these collections were made without jurisdiction or legal authority.
This decision is expected to have wide-reaching implications for administrative efficiency, transparency, and the future of municipal governance in Islamabad.
Shift Toward Elected Local Governance
Justice Kayani emphasized the importance of democratic accountability and the role of elected representatives in managing municipal affairs. He stressed that the dissolution of the CDA and the transition of authority to MCI would ensure that Islamabad is managed in a transparent and lawful manner.
The ruling also seeks to restore citizens’ trust in public institutions by ensuring their rights are protected under a robust legal framework. The court further highlighted the need for coordination between federal and local authorities to implement the transition effectively and without disruption to public services.
Public and Government Response
The court’s decision comes at a time when CDA has faced increasing public criticism for various administrative issues, including recent fare hikes in CDA-run public transport and lack of support for street vendors. Prime Minister Shehbaz Sharif recently intervened to reverse the transport fare increase due to public outcry.
The court’s ruling may also prompt a broader review of how civic bodies operate in Pakistan’s urban areas and reinforce the call for decentralized urban governance.The Islamabad High Court (IHC) has issued a landmark judgment ordering the dissolution of the Capital Development Authority (CDA) and transferring its powers, assets, and functions to the Islamabad Metropolitan Corporation (MCI). The decision marks a significant shift in the governance structure of Pakistan’s federal capital.
Court Ruling
The IHC verdict, delivered by Justice Mohsin Akhtar Kayani, was in response to two writ petitions challenging the legality of a 2015 Statutory Regulatory Order (SRO) issued by the CDA. The SRO imposed Right of Way (ROW) charges on fuel stations and other commercial entities situated along major roads in Islamabad. The court declared the SRO illegal, stating it lacked lawful authority.
In its ruling, the court emphasized that the ICT Local Government Act, 2015, governs the administrative and municipal framework of Islamabad, and any attempt by the CDA to override this law is unconstitutional. The IHC ordered the federal government to initiate and conclude the process of dissolving the CDA and transferring all municipal responsibilities to MCI.
Financial and Legal Implications
The judgment also noted that CDA had collected a total of Rs. 337 million under the now-nullified ROW charges. The court has directed authorities to refund this amount, stating that these collections were made without jurisdiction or legal authority.
This decision is expected to have wide-reaching implications for administrative efficiency, transparency, and the future of municipal governance in Islamabad.
Shift Toward Elected Local Governance
Justice Kayani emphasized the importance of democratic accountability and the role of elected representatives in managing municipal affairs. He stressed that the dissolution of the CDA and the transition of authority to MCI would ensure that Islamabad is managed in a transparent and lawful manner.
The ruling also seeks to restore citizens’ trust in public institutions by ensuring their rights are protected under a robust legal framework. The court further highlighted the need for coordination between federal and local authorities to implement the transition effectively and without disruption to public services.
Public and Government Response
The court’s decision comes at a time when CDA has faced increasing public criticism for various administrative issues, including recent fare hikes in CDA-run public transport and lack of support for street vendors. Prime Minister Shehbaz Sharif recently intervened to reverse the transport fare increase due to public outcry.
The court’s ruling may also prompt a broader review of how civic bodies operate in Pakistan’s urban areas and reinforce the call for decentralized urban governance.
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