Devolution of LDA, MDA: notices issued to Sindh government on City Nazim's petition

The Sindh High Court on Friday issued pre-admission notices to the Sindh government and the Local Government Secretary for October 19 on a constitutional petition of the City District Government Karachi (CDGK).
The CDGK has challenged the notification of the Sindh government, suspending the City Nazim's recent notification in respect of devolving two defunct development authorities into the CDGK.
The petition, filed on behalf of City Nazim Naimatullah Khan, contended that the impugned notification of the Sindh government on September 29, suspending the operation of the City Nazim's notification relating to centralisation of Lyari Development Authority (LDA) and Malir Development Authority (MDA) into the CDGK were unprecedented and unjust.
It was argued that the development authorities were devolved on the same pattern on which Karachi Development Authority (KDA) had been devolved, withdrawing ad hoc arrangements.
The petition stated that the City Nazim, being head of the city, was responsible for all affairs falling within his jurisdiction and authority and continuance of ad hoc arrangements under the supervisions of respective Director Generals of the defunct development authorities would be disastrous to the authority of the City Nazim.
The specific power for setting aside the order of the City Nazim under special circumstances was available with the local government commission under Section 25 as well as by the District Co-ordination Officer (DCO) under Section 28 of the Sindh Local Government Ordinance, 2001, who could make recommendation to the Chief Executive of the province and after providing opportunity to the City Nazim for its quashment, it argued.
"Therefore, in view of the specific power under the special law, there is no other option available with the city government, but to challenge the notification of the provincial government," the petitioner argued.
The petitioner's counsel, Raja Haq Nawaz, argued that there was no such department in taluka municipal administration as well as town municipal administration, and if the pattern of the KDA was followed as per notification of the Sindh government, then all the departments of the defunct KDA had been devloved into respective departments of the CDGK and the same was adopted by the City Nazim in his notification of September 21.
"Therefore, the government notification, suspending the City Nazim's order are null and void ab-initio," they argued.
It was further submitted that the respondents, being state functionary, were required to act in accordance with the law as required under Article 4 of the Constitution.
The impugned notification was in excess of the authority and jurisdiction, therefore, it was unwarranted under the law and constitution, they submitted.
The court was prayed to declare the notification of the Sindh government, suspending operation of the effect of the City Nazim's notification, was unjust and misconceived and quash the same, as it was not sustainable in the law.
Citing the Chief Secretary, Secretary, Local Government, Sindh, as respondents, the permanent injunction was also sought, praying court against respondents restraining them from creating any interference into the functioning of affairs of the CDGK without due process of law, pending disposal of the petition.
The SHC's division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqar, after preliminary hearing, issued notice to respondents.