IHC strikes down CDA’s access fee, directs govt to abolish authority

ISLAMABAD (Muhammad Ibrahim Abbasi): The Islamabad High Court (IHC)  has declared the CDA’s move to impose right-of-way charges in exchange for providing direct access to petrol pumps and CNG stations from major highways as illegal.

The court has declared the notification issued in 2015 null and void and has also ordered to return of all the money received under it.

Issuing a detailed judgment, Justice Mohsin Akhtar Kayani of the Islamabad High Court remarked that “the real purpose of CDA has been defeated, now it is time for the federal government to take appropriate steps to abolish this institution.”

The court directed that all powers, assets, and duties of the CDA be transferred to the Municipal Corporation of Islamabad (MCI) so that the system of Islamabad can be effectively run within the legal ambit of local government.

The court’s judgment said that all the steps taken by the CDA based on the June 2015 notification will be considered ineffective and illegal.

Now, the administrative, regulatory, and local government system of Islamabad is being run under the “Islamabad Local Government Act 2015”, so the old laws or institutional structure cannot be allowed to run against the new legislation.

The petitioners’ counsel told the court that they are residents of the River Garden Housing Scheme, which is located just 1.5 km from the Islamabad Expressway. According to them, all the development works in the scheme, including roads, water, electricity, gas, and sewage, have been completed under the CDA rules.

The scheme was approved by the CDA on June 19, 2001, and the NOC was issued on September 19, 2007. Since 2008, the residents have been living in houses as per the CDA rules.

In the judgment, the court, referring to Article 23 of the Constitution of Pakistan, clarified that every citizen has the right to buy, hold and transfer property in any part of Pakistan, provided that this right is subject to a law made in the public interest.

The court further held that when any provision of the old law is in conflict with the new law, and harmony is not possible, the old law is considered to be repealed.