CDA does not have legal authority to levy taxes, says Justice Mohsin Kayani
Islamabad: The Islamabad High Court has directed the federal government to dissolve the CDA. Justice Mohsin Akhtar Kayani has said in the decision that the CDA has no legal authority to levy taxes.
If the CDA has received any money from any person or institution in the name of direct access or right-of-way charges, it should be returned. The CDA should be dissolved and all its powers and assets should be transferred to the Metropolitan Corporation.
The rights of the citizens of Islamabad should be protected under the law. Justice Mohsin Akhtar Kayani issued a written decision on the petition filed by the Tiji Housing Society and its residents. The decision said that the SRO of June 9, 2015 regarding the right-of-way and access charges of the CDA is declared null and void.
All the actions of the CDA under the SRO are declared illegal. If the CDA has received any money from anyone under the SRO, it should be returned. The CDA Ordinance was enacted for the establishment of the federal government and its development works.
The new laws and governance have rendered the CDA Ordinance ineffective and the purpose of its establishment has been fulfilled, it should be ensured that the Islamabad administration is transparent and accountable after the transfer of powers. The decision further stated that the entire administrative, regulatory and municipal framework of Islamabad functions under the Local Government Act, which is a special law of governance through elected representatives, according to which taxes cannot be levied without the approval of the local government.
