The Islamabad High Court has directed the federal government to dissolve the Capital Development Authority (CDA) and transfer its powers and assets to the Metropolitan Corporation. Justice Mohsin Akhtar Kayani’s written decision stated that the CDA Ordinance, which was enacted for the establishment and development of the federal government, has lost its practical usefulness due to new laws and governance.
The court emphasized that the purpose of establishing CDA has been fulfilled, and the government should dissolve it. The court’s decision aims to ensure transparent and accountable administration in Islamabad after the transfer of powers. The rights of the citizens of Islamabad should be ensured under the law, and all administrative, regulatory, and municipal framework works should be governed under the Local Government Act.
The Local Government Act is a special law of governance through elected representatives, and according to the law, taxes cannot be levied without the approval of the local government. CDA has no legal authority to levy taxes like right of way or direct access. The CDA’s SRO on right of way and access charges has been declared null and void, and all steps taken by CDA under the said SRO have been declared illegal.
If CDA has collected any money from anyone under the said SRO, it should be returned. The CDA had imposed a right of access tax on petrol pumps and CNG stations, and a direct access tax was imposed on housing societies from the main highway. The court’s decision is a significant development in the governance of Islamabad, and it remains to be seen how the federal government will implement the court’s directives.
