ISLAMABAD-Islamabad High Court issued written judgment in a petition seeking the court’s directions to restrain deputy commissioner Islamabad from executing development projects in the federal capital.
In his 4-page written verdict, a single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah directed Chief Commissioner Islamabad that no development work could be done without consent of the union council chairmen and directed him to ascertain implementations on the court orders.
The bench also stated in its verdict that the representatives should be taken in loop in all development projects in the federal capital.
Justice Athar further ordered to handover the water supply scheme in adjoining area of Bara Kahu to the related UC chairman.
The bench issued these directions while hearing a petition filed by Union Council 34 Chairman Malik Sajjad, a UC member in the federal capital from Pakistan Muslim League-Nawaz (PML-N).
In his petition moved through his counsel Adil Aziz Qazi Advocate under Article 199 of the Constitution, he stated that the deputy commissioner had issued a tender regarding construction of a water supply scheme in violation of the Islamabad Capital Territory (ICT) Local Government Act 2015.
He contended that respondent DC Islamabad is not vested with jurisdiction to execute any scheme within the territorial jurisdiction of the petitioner’s union council. In this regard, he referred to provisions of Islamabad Local Government Act, 2015 in support of his contention that exclusive powers to execute and maintain water supply scheme is in the petitioner union.
The petitioner maintained that three years after the election of the local government in the federal capital - following orders of the Supreme Court - the federal government had failed to transfer the administrative and financial powers to the local government.
Moreover, he contended that the government had failed to follow the guidelines determined by the Supreme Court in the Imran Tiwana case of 2015.
The UC chairman adopted that since the Islamabad Metropolitan Corporation (IMC) was the only elected representative government entitled to use financial, political and administrative powers of the district government, these have been withheld by the federal government and other departments.
He added that these departments have no authority to exercise the powers vested in the IMC and the UCs.
Though, ironically, development funds of the local government have not been released which hampers the smooth functioning of the local governments, forcing certain projects of public importance to grind to a halt.
He prayed to the court to declare the tender notice as null and void and without lawful authority.
He further requested the court to direct the interior secretary and the cabinet division to transfer the powers and functions of the local government to the IMC and the UC chairmen.