Residents of sector G-14, Islamabad were facing issues related to urban amenities such water supply, sewerage, maintenance of roads and parks. But the issue was that they weren’t sure under whose authority their sector falls: CDA, MCI or FGEHA? And to whom should the residents of this area file their complaints?
This issue came up before the Islamabad High Court in WP No. 595/2020 where the residents urged the Court to direct MCI to provide facilities and amenities for the sectors mentioned in Schedule III of ICT LG Act, 2015.
After taking into consideration the various applicable laws, such as FGEHA Act, CDA Ordinance and Islamabad Local Government Act, 2015, the Court has clearly demarcated the rights and responsibilities of these overlapping municipal bodies.
The operative part of the judgment is reproduced below:
Keeping in view the above discussion, the issues would be resolved in the following manner:-
i. The FGEHA Authority shall not impose any property tax within the specified sectors at their own as they lack people representation and political authority on behalf of the residents of the specified area, which has already been extended in terms of the constitutional mandate
under Article 140A of the Constitution to the Local Government system under Islamabad Capital Territory Local Government Act 2015.
ii. The Federal Government by exercising its authority under FGEHA Act, 2020, as well as under ICT Local Government Act, 2015 by issuing a notification should exclude the Authority of FGEHA to enforce property tax within specified area and the mechanism of property tax in terms of Sections 88, 89 and 90 of the Islamabad Capital Territory Local Government Act, 2015 read with its rules in prescribed manner has to be applied strictly, even in specified sectors of FGEHA.
iii. The utility services within specified area of FGEHA have to be provided by the FGEHA at their own end and they can charge necessary expenditures approved by the Executive Board in terms of Section 5 of the FGEHA Act, 2020, whereby the Metropolitan Corporation Islamabad (MCI) shall not claim any amount or charges for utility services within the specified area from the residents.
iv. On the principle of quid pro quo if property tax has been enforced, applied and recovered under Islamabad Capital Territory Local Government system under the law and within the specified area of FGEHA, MCI have to provide the services at the door steps of the specified sectors including, but not limited to main water supply line, reservoirs, collection of garbage, maintenance of sewerage system etc. externally to those specified sectors of the FGEHA through joint arrangement with FGEHA in a meeting with the Executive Board of FGEHA or any other mechanism could be devised accordingly.
v. The collection/recovery of the property tax if made by MCI from the specified area/sector of FGEHA, the said amount is only meant for the use, development of the specified sectors, and same could not be spent anywhere else in Islamabad Capital Territory, even the property tax
so collected by MCI, shall be maintained in separate account.
vi. The local government representative under Islamabad Capital Territory Local Government Act, 2015 from the specified area of the FGEHA has to represent those residents within the local government assembly for their issues and any resolution to that extent is to be adopted by FGEHA in their Executive Board meeting and to be given preference subject to their own limitation under the law and rules envisaged therein.
vii.The FGEHA has to provide complete infrastructure within the specified sector at their own end and may charge the services provided by them to the inhabitants in the specified areas under the notified rules accordingly.
charge the services provided by them to the inhabitants in the specified areas under the notified rules accordingly not notified in terms of judgment dated 26.12.2022, passed in W.P No.2196-2018 (Sardar Mehtab Ahmed Khan Vs. Federation of Pakistan and others).
xi. The compliance report may also be submitted by the Metropolitan Corporation Islamabad (MCI) as well as Chairman, CDA for the actions taken in the light of judgment reported as PLD 2021 144 (Metropolitan Corporation, Islamabad Vs. Chairman C.D.A. (Capital Development Authority), Islamabad).
xii. CDA has no jurisdiction to apply and enforce their authority in the specified sector of FEGHA except in terms of section 11, 12 and 13 of CDA Ordinance, 1960, subject to approval of Executive Board of FGEHA.
xiii. All building regulations, bye-laws of the CDA or MCI shall be applicable in specified sectors of FGEHA in terms of sub-section 5 of section 3 of FGEHA Act, 2020.
xiv. FGHEA shall also be the local authority in specified area and shall be responsible for all public services and facilities in terms of sub-section 4 of section 3 of FGEHA Act, 2020.
xv. FGEHA can issue notice of violation or encroachments to any person within specified sector but cannot proceed against delinquent individual for violation by themselves directly rather dependent upon District Collector or the Magistrate 1st Class for any punishment under the law, hence, the enforcement authority for all violation generally vests with MCI under Islamabad Capital Territory Local government Act, 2015, who in collaboration can initiate joint action in specified sectors with FGEHA in coordinated manner. Not notified in terms of judgment dated 26.12.2022, passed in W.P No.2196-2018 (Sardar Mehtab Ahmed Khan Vs. Federation of Pakistan and others).
xi. The compliance report may also be submitted by the Metropolitan Corporation Islamabad (MCI) as well as Chairman, CDA for the actions taken in the light of judgment reported as PLD 2021 144 (Metropolitan Corporation, Islamabad Vs. Chairman C.D.A. (Capital Development Authority), Islamabad).
xii. CDA has no jurisdiction to apply and enforce their authority in the specified sector of FEGHA except in terms of section 11, 12 and 13 of CDA Ordinance, 1960, subject to approval of Executive Board of FGEHA.
xiii. All building regulations, bye-laws of the CDA or MCI shall be applicable in specified sectors of FGEHA in terms of sub-section 5 of section 3 of FGEHA Act, 2020.
xiv. FGHEA shall also be the local authority in specified area and shall be responsible for all public services and facilities in terms of sub-section 4 of section 3 of FGEHA Act, 2020.
41. In view of above, instant writ petition is ALLOWED as per prayer
W.P_No.595-2020_638169111170927547
