| Case ID |
0a1b6eb3-af94-4766-ac81-94672499bc62 |
| Body |
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| Case Number |
Writ Petition No. 1406 of 2017 |
| Decision Date |
Jul 03, 2019 |
| Hearing Date |
Apr 30, 2019 |
| Decision |
The judgment declared that the Market Committee has exclusive authority over the management, establishment, and regulation of agricultural markets within the notified area as defined under the Islamabad Capital Territory Agricultural Produce Markets Ordinance, 2002. It was determined that no other local authority, including the Metropolitan Corporation Islamabad or the Capital Development Authority, has jurisdiction over markets established by the Market Committee for agricultural produce. The Court emphasized the legislative intent to empower the Market Committee to manage and control agricultural markets independently, while also noting that it cannot extend its jurisdiction to areas regulated by other bodies. The petition was dismissed, affirming the Market Committee's authority in the specified areas and clarifying the limits of jurisdiction for other entities involved in municipal functions. |
| Summary |
In this landmark case, the Islamabad High Court addressed the jurisdictional powers of the Market Committee under the Islamabad Capital Territory Agricultural Produce Markets Ordinance, 2002. The case arose from a dispute regarding the control and regulation of agricultural markets in Islamabad, specifically concerning weekly bazaars established by the Metropolitan Corporation Islamabad and the Capital Development Authority. The Court ruled that the Market Committee holds exclusive authority over agricultural markets within the notified area, emphasizing the mandatory nature of its powers as per the Ordinance. This decision is significant for stakeholders in agricultural trade, as it delineates the boundaries of authority between local government entities and the Market Committee, ensuring that agricultural producers and consumers are served under a clear regulatory framework. The ruling reinforces the Market Committee's role in managing agricultural produce, impacting market dynamics and governance in Islamabad. Keywords such as 'Market Committee', 'agricultural markets', 'Islamabad High Court', and 'jurisdiction' are critical for understanding the implications of this case. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority,
Metropolitan Corporation Islamabad,
Market Committee, Islamabad Capital Territory (ICT)
|
| Judges |
Mohsin Akhtar Kayani
|
| Lawyers |
Abdul Wahid Qureshi for Petitioner,
Amir Latif Gill for Respondents Nos.1 to 4 (MCI/CDA),
Naseem Ahmad Shah and Aman Ullah for Respondents Nos.6 and 9
|
| Petitioners |
Market Committee, Islamabad Capital Territory (ICT) through Chairman
|
| Respondents |
10 Others,
Metropolitan Corporation Islamabad
|
| Citations |
2020 SLD 773,
2020 CLC 731
|
| Other Citations |
PLD 2011 SC 619,
Muhammad Ikhlaq Memon v. CDA 2015 SCMR 294,
Syed Mushahid Shah v. Federal Investment Agency and others 2017 SCMR 1218,
FECHS v. DG FIA, Islamabad 2019 CLC 347,
FGEHF v. Malik Ghuma Mustafa PLD 2019 Isl. 1,
References by Judge Special Court-II (CNS) 2006 PCr.LJ 921,
Muhammad Saleem v. The State 2002 PCr.LJ 216,
IG of Police, Punjab v. Mushtaq Ahmad Warraich PLD 1985 SC 159,
Packages Limited v. Muhammad Maqbool PLD 1991 SC 258,
Muhammad Mohsin Ghuman v. Government of Punjab 2013 SCMR 85,
Muhammad Sheraz v. Chief Secretary, Government of KPK PLD 2014 Pesh. 170,
Abdul Samad v. Iqbal Ahmad Khan Lodhi, PCS District Tribunal, Lahore PLD 1972 Lah. 41,
Mumtaz Ali Khan Rajban v. Federation of Pakistan PLD 2001 SC 169,
Khudai Dad v. The State PLD 1997 Quetta 69,
Kohinoor Sugar Mills v. Market Committee Jauharabad, District Sargodha PLD 1976 Lah. 1284,
Hyesons Sugar Mills Ltd. Karachi v. Market Committee Khanpur PLD 1976 Lah. 1334,
Noor Sugar Mills Ltd. v. Market Committee and others PLD 1989 SC 449,
Market Committee Kundian v. Town Committee, Khudian 1992 SCMR 1403
|
| Laws Involved |
Islamabad Capital Territory Agricultural Produce Markets Ordinance, 2002
|
| Sections |
4(3),
7,
21,
36
|