Dr. Salman Akbar Malik vs Federal Government Employees Housing Authority through Chairman, Islamabad Ss

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Dr. Salman Akbar Malik VS Federal Government Employees Housing Authority through Chairman, Islamabad Ss. 88, 89, 90, 117 & 118---Capital Development Authority Ordinance (XXIII of 1960), Ss. 11, 12 & 13---Federal Government Employees Housing Authority Act (IV of 2020), Ss. 5, 7 & 26---Constitution of Pakistan, Arts. 140A & 199---Constitutional petition---Amenities, providing of---Responsibility---Property tax, imposing of---Jurisdiction---Petitioner was an allottee of a plot in Federal Government Employees Housing Authority Society (FGEHA) and was aggrieved of absence of municipal services in the Society and imposing of taxes by FGEHA as well as by Islamabad Capital Territory Local Government---Validity---FGEHA could not impose any property tax within the specified sectors on their own as they lacked people representation and political authority on behalf of the residents of the specified area, which had already been extended in terms of the Constitutional mandate under Art.140A of the constitution to Local Government system under the Islamabad Capital Territory Local Government Act, 2015---High Court directed Federal Government to issue notification in exercise of its authority under Federal Government Employees Housing Authority Act, 2020, as well as under Islamabad Capital Territory Local Government Act, 2015, to exclude FGEHA to enforce property tax within specified area and mechanism of property tax in terms of Ss. 88, 89 and 90 of Islamabad Capital Territory Local Government Act, 2015, read with its rules in prescribed manner had to be applied even in specified sectors of FGEHA---Utility services within specified area of FGEHA had to be provided by the Authority at their own end and they could charge necessary expenditures approved by the Executive Board in terms of S.5 of Federal Government Employees Housing Authority Act, 2020, whereby Metropolitan Corporation Islamabad would not claim any amount or charges for utility services within the specified area from the residents---On the principle of quid pro quo if property tax was enforced, applied and recovered under Islamabad Capital Territory Local Government system under the law and within the specified area of FGEHA, the Metropolitan Corporation Islamabad would provide services at the door steps of 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 FGEHA through joint arrangement or any other mechanism could be devised accordingly---Collection with respect to recovery of property tax if made by Metropolitan Corporation Islamabad from specified area/sector of FGEHA, the said amount was only meant for the use, development of the specified sectors, and same could not be spent anywhere else in Islamabad Capital Territory and even the property tax so collected would be maintained in separate account---Local Government representative under Islamabad Capital Territory Local Government Act, 2015, from the specified area of FGEHA would represent those residents within the local government assembly for their issues and any resolution to that extent was to be adopted by FGEHA---Federal Government Employees Housing Authority would provide complete infrastructure within the specified sector at their own end and could charge the services provided by them to the inhabitants in the specified areas under the notified rules accordingly---High Court directed FGEHA to provide graveyard, parks and other amenities within the specified sectors at their own end as they had already charged respective amounts from allottees/ residents at the time of their allotments and had undertaken to provide facilities/ amenities according to their layout plan in terms of their agreements, commitments with the CDA (Master Regulator)---Federal Government Employees Housing Authority could not resile or rescind any of the agreed terms of their agreements with CDA as the same had been given protection by Federal Government Employees Housing Authority Act, 2020---High Court further directed FGEHA to notify their rules and regulations in terms of S.26 of Federal Government Employees Housing Authority Act, 2020, in all subjects including but not limited to the powers and functions defined in S.5 of Federal Government Employees Housing Authority Act, 2020, as well as the powers available to the Director General in terms of S.7 of Federal Government Employees Housing Authority Act, 2020---High Court directed Islamabad Capital Territory Local Government to also notify the bylaws in terms of S.118 of Islamabad Capital Territory Local Government Act, 2015, if required by the Government, however, in terms of S.117 of Islamabad Capital Territory Local Government Act, 2015, the Government would notify all rules necessary for carrying out the purpose of Islamabad Capital Territory Local Government Act, 2015, including financial rules to deal with Local Government Fund for its maintenance and development within the Metropolitan Corporation Islamabad (MCI) jurisdiction, if already not notified---Capital Development Authority had no jurisdiction to apply and enforce their authority in specified sector of FGEHA except in terms of Ss.11, 12 and 13 of Capital Development Authority Ordinance, 1960---All building regulations, bye-laws of Capital Development Authority or Metropolitan Corporation Islamabad were applicable in specified sectors of FGEHA in terms of S.3 (5) of Federal Government Employees Housing Authority Act, 2020--- Federal Government Employees Housing Authority was also a local authority in specified area and was responsible for all public services and facilities in terms of S.3 (4) of Federal Government Employees Housing Authority Act, 2020--- Federal Government Employees Housing Authority could issue notice of violation or encroachments to any person within specified sector but could not proceed against delinquent individual for violation by themselves directly rather was dependent upon District Collector or the Magistrate 1st Class for any punishment under the law---Enforcement authority for all violation generally vested with Metropolitan Corporation Islamabad under Islamabad Capital Territory Local Government Act, 2015, who in collaboration could initiate joint action in specified sectors with FGEHA in a coordinated manner---Constitutional petition was allowed accordingly.

Dr. Salman Akbar Malik vs Federal Government Employees Housing Authority through Chairman, Islamabad Ss — 2024 YLR 2685 ISLAMABAD

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