06 October 2004	Wednesday	20 Shaban 1425

KARACHI, Oct 5: The City Nazim, Niamatullah Khan, on Tuesday challenged a notification of the Sindh government which superseded his order for final devolution of KDA, MDA and LDA into city government.

The notification was issued on Sept 29 by the secretary of local government and the additional chief secretary Sindh, overriding a notification issued by the Nazim on Sept 21.

As per CDGK notification, the nazim, exercising his powers under the SLGO 2002 and the Sindh Development Authorities Laws (Repeal) Ordinance 2002, withdrew ad hoc arrangement, paving the way for a final devolution of the MDA and LDA with the city government.

He ordered that both MDA and LDA ceased to exist forthwith and devolved into relevant groups of offices in CDGK. The impugned notification, reversing the decision of the city nazim stated that the notification by the nazim is not in consonance with sub-section (6) of section 182, read with section 52 of SLGO 2001. The operation of the said notification was stayed.

On Tuesday, Raja Haq Nawaz, advocate, filing a constitutional petition in the Sindh High Court, challenged the notification issued by the secretary of the local government and prayed the court to declare the notice by the secretary as illegal and ab initio.

The petitioner maintained in the petition that since the city government system was introduced, a group of political elements and bureaucrats was trying to sabotage it, creating hurdles and impediments, with the sole aim of bringing a bad name to the city government.

The petitioner also alleged that the impugned notification was issued in excess of jurisdiction and, therefore, was of no legal value. The petition was accepted, with objections, primary being the prior authorisation from the council of city government. -APP