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Published 24 Jul, 2008 12:00am

Punjab govt barred from interfering in LG affairs: LHC issues interim order

RAWALPINDI, July 23: Lahore High Court (LHC) Rawalpindi bench on Wednesday directed the Punjab Government not to interfere into the functioning of local governments.

The court in its interim order also directed the provincial government not to stop the local governments from taking any administrative and development measures under the Local Government Ordinance (LGO).

The direction of Justice Syed Sajjad Hussain Shah of LHC came after assistant advocate general Chaudhry Saleemul Haq informed the court that he could not get the response of the government over a petition filed by Rawalpindi district nazim, naib nazim and six town nazims seeking court injunctions against the Punjab government. The court put off the hearing till August 4 after the interim order.

The petitioners, making Punjab government and district coordination officer (DCO) respondents, had alleged that the provincial government was creating hindrance into the administrative affairs of the local governments in violation of the LGO and article 140-A of the constitution of Islamic Republic of Pakistan.

The petitioners through their writ petitions had stated before the court that the annual budget of the LGs for the year 2008-09 was required to be approved under the law before the commencement of next financial year. But all of sudden the provincial government contrary to the provisions of LGO 2001 and Budget Rules, issued a letter to the DCO Rawalpindi and Town Municipal Officers of Rawalpindi District with the directions that the Tehsil Municipal Administrations must get clearance of the development proposals from the District Coordination Officer/District Development Committee. The petitioners claimed that these directions were in clear violation of the LGO and the constitutional provisions pertaining to the LG system.

The petitioners include District Nazim of Rawalpindi District Raja Javed Ikhlas, Naib Zila Nazim Rawalpindi Dist Muhammad Afzal Khokhar, Town Nazim Murree Sardar Mohammad Saleem Khan, Town Nazim Taxila, Muhammad Siddique Khan, Town Nazim Kallar Syedan, Sohail Ashraf, Nazim Pothohar Town, Hamid Nawaz Raja, Town Nazim Kotli Sattian, Raja Shehzad Nemat Satti and Town Nazim Kahuta , Tariq Mehmood Murtaza.

Meanwhile, Justice Khalil Ahmad of LHC issued notices to DCO Rawalpindi, Executive Engineer and SDO Punjab Highways department to submit their reply in a case of disputed Toll Plaza of Satra Meel and put off the hearing till September 12.

The petitioner Zahoor Ahmad Abbasi maintained that according to the directions issued by President Pervez Musharraf the Satra Meel Toll Plaza was a property of TMA Murree and later the TMA auctioned the Toll Plaza for Rs3.2millions. Punjab Highways department again claimed its possession over the toll plaza, but the LHC decided the case in favour of the TMA Murree. According to the petition, the newly formed government has once again issued an advertisement for the auction of this Toll Plaza while LHC had stayed the proposed auction on June 26.

The Punjab Highways department with the help of local police took over the control of this Toll Plaza on July 1 in violation of court orders.

In another case Justice Mohammad Akram Qureshi of the LHC directed Judicial Magistrate Kahuta to appear before the court on Thursday for not completing a trial in an attempted murder case within the time frame given by the LHC.

The court had directed the magistrate to complete the trial within 30 days after the accused Fayyaz Ahmad sought bail after-arrest in a case under section 324 of PPC. The court could not complete the trial in the given time and the accused moved the LHC against the delay.

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