Islamabad: The owner of a private housing society disputed the Capital Development Authority’s (CDA) notification for the appointment of a special magistrate on Thursday, arguing that it was given without legal underpinning.
The appointment of Sardar Mohammad Asif as senior special magistrate was contested by Chaudhry Mohammad Usman, the chief executive of the Ghauri Town housing organisation, through attorneys Kashif Ali Malik and Qazi Abdul Aziz.
It should be noted that last month, Mr Asif sentenced Usman to three years in prison and fined him Rs1.5 billion for felling trees in the society’s sector 8. According to the petition, the notification granting powers to the senior special magistrate, CDA, was not issued in compliance with the law’s relevant provisions.
It goes on to say that a magistrate has judicial authority over specific cases, classes of cases, or cases in general in a given area.
According to the petition, the chief commissioner is not imbued with powers of the provincial government under the Constitution and relevant laws, and that only the federal government has the authority to select such a person, as established in the Supreme Court decision in the Mustafa Impex case.
It should be noted that the top court defined the federal government in the stated verdict and decided that even the prime minister could not make a decision unless the federal cabinet gave him the authority to do so.