IHC issues notice to AGP in petition challenging Islamabad LG ordinance

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2021-12-25T00:40:00+05:00 SHAHID RAO

ISLAMABAD - The Islamabad High Court (IHC) Friday issued notice to the Attorney General for Pakistan (AGP) in a petition challenging some clauses of the Islamabad Local Government Ordinance 2021.
A single bench of IHC comprising Justice Mohsin Akhter Kayani conducted hearing of the petition filed by the Capital Development Authority’s Labour Union challenging some clauses of the Islamabad LG Ordinance 2021.
The IHC bench issued the notices to AGP, Chairman CDA and federal government and deferred the hearing till February 28 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 CDA according to the new law. 
Justice Mohsin asked that whether the government has abolished the Local Government Act, 2015, to which Advocate Malik responded that it has indeed been abolished. 
The IHC judge remarked that how the act was abolished through an ordinance despite the existence of the National Assembly and Senate and without approval from the Parliament. 
Justice Kayani also inquired that how the CDA board was working when the ordinance through which it was established had been abolished. 
Then, the IHC bench issued notices to federal government and CDA chairman asking them to respond, while also issuing an order to the attorney general and asking for his assistance on the next hearing. 
Margalla Avenue: Another bench of the IHC issued notices to the CDA in a petition filed against the construction of Margalla Avenue. 
A single bench of IHC comprising Chief Justice of IHC 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 adopted that the construction of Margalla road would affect the Margalla National Park and it is violation of the court’s orders. 
During the hearing, Justice Athar said 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.   

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