The Superior Court of Islamabad (IHC) ordered the Federal Government to dissolve the Capital Development Authority (CDA) on Saturday and transfer all its powers and assets to the Islamabad Metropolitan Corporation (MCI). In a detailed verdict, Judge Mohsin Akhtar Kayani ruled that the CDA has no legal authority to impose taxes. The court also declared that any amount collected by the authority of individuals or institutions under the appearance of "Right of passage" or direct access charges must be reimbursed. The Federal Government was instructed to initiate and complete the process of dissolving the CDA and transferring all its powers and assets to the Islamabad Metropolitan Corporation (MCI). The sentence emphasized that the rights of Islamabad citizens must be protected by law. The ruling was issued in response to a petition presented by the Taj Residences Housing Society and its residents. The Court also declared SRO dated June 9, 2015, with respect to the charges of passage and access of CDA, null and null, along with all the actions taken under it, labeling them as illegal. Any funds raised under this SRO must be returned. Judge Kayani said that the CDA ordinance was originally promulgated to establish the Federal Capital and supervise its development, but due to evolutionary governance structures and new laws, its practical relevance is over. The original objectives of the CDA have been met, and now it is appropriate for the government to formally dissolve the authority. The Court also directed that after the transfer of powers, the administration of Islamabad must operate in a transparent and responsible manner. The sentence reaffirmed that the full administrative, regulatory and municipal framework of Islamabad is governed by the local government’s law, which requires that no tax could be imposed without the approval of the elected local government. Therefore, CDA lacks legal authority to raise taxes. It is worth noting that CDA had imposed charges for access to gasoline pumps and CNG stations, and direct access taxes to private housing companies to connect to the main roads. These charges were challenged in the IHC, which resulted in this significant decision. The rains cause an action of the monsoon, on the other hand, the CDA has ended a special action plan for the monsoon season and has issued a notification that describes the responsibilities of all relevant departments to guarantee an effective implementation. On the instructions of the CDA president, the Talat Mehmood Member Administration has been assigned to supervise the plan. According to the notification, special equipment will be displayed after an illegal basement survey and low areas. Flood relief camps and other security measures to handle emergency situations will be established. A flood help cell will remain operational from July 1 to September 30, headed by the Director of Emergency and Disaster Management. A dedicated help line will also be established, and assistance will be available through rescue and fire brigade services. The relevant departments bosses will appoint focal people in the relief fields. The sanitation department will operate under the authority of the relief camps. A special operation against makeshift houses and illegal constructions will be launched.
