PROVINCIAL GOVERNMENT through Chief Secretary, NAs Gilgit Versus Mir GHULAM SARWAR

ORDER

1. This petition has been preferred against judgment dated 28-5-2008 passed by Chief Court whereby notification dated 31st May, 2001 regarding the payment of development charges on the transfer of immoveable property issued by the Provincial Government of Northern Areas under section 53 of the Local Government Ordinance, 1379 has been struck down on the ground that no such Tax/Fee can be levied without the approval of the Local counsel as provided therein. The learned Advocate-General submitted that a proper resolution was passed by the Council and notification was issued strictly in accordance with provision of Section 53 Ibid read with sixth Schedule of the Ordinance. This is stated that notification was issued by an officer of the Provincial Government as delegatee of the Chief Secretary without any resolution of Local Council and perusal of the comments submitted to the writ petition on behalf of the Provincial Government would show that no such resolution was passed by the Council rather notification was issued by the Provincial Government without the resolution of Local Counsel beyond the scope of section 53 of the Ordinance.

2. Having heard the learned Advocate-General and going thorough the record and relevant provision of law with his assistance, we have not been able to find out any legal defect in the judgment of Chief Court calling for our interference, consequently this petition being without any substance is dismissed.

3. M.H./38/Glt. Petition dismissed.