Islamabad Local Govt Ordinance, 2021: IHC issues notice to AGP

25 Dec, 2021

ISLAMABAD: The Islamabad High Court (IHC), Friday, issued notices to the Attorney General for Pakistan (AGP) in a petition challenging some clauses of the Islamabad Local Government Ordinance, 2021.

A single bench of Justice Mohsin Akhter Kayani heard the petition filed by the Capital Development Authority (CDA)’s Labour Wing challenging some clauses of the Islamabad LG Ordinance 2021.

The IHC bench issued the notices to AGP, chairman CDA, and the federal government and deferred the hearing till February 28th for further proceedings in this regard.

During the hearing, Advocate Kashif Malik stated that planning and development are the duties of the federal body. However, all the development directorates have been taken away from the CDA according to the new law.

Justice Mohsin asked whether the government has abolished the Local Government Act, 2015, to which Advocate Malik responded that it has indeed been abolished. He remarked how the act was abolished through an ordinance despite the existence of the National Assembly, the Senate, and without approval from the Parliament. The IHC judge also inquired how the CDA board was working when the ordinance through which it was established had been abolished.

Then, the IHC bench issued notices to the federal government and the CDA chairman asking them to respond, while also issuing an order to the attorney general and asking for his assistance on the next hearing.

Meanwhile, another bench of the IHC issued notices to the CDA in a petition filed against the construction of Margalla Avenue.

A single bench of Chief Justice Athar Minallah issued the notices in a contempt of court petition, wherein, the petitioner stated that the CDA is committing contempt of court by constructing the road.

The petitioner argued that the construction of Margalla road would affect the Margalla National Park and it is in violation of the court’s orders.

During the hearing, Justice Minallahsaid that the court could not stop every development project.

He added that if Margalla Avenue is part of Islamabad’s national plan then the court would not halt this plan.

Later, the bench issued notices to the CDA and directed it to submit its reply in this matter.

Copyright Business Recorder, 2021

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