Law: National Command Authority Act, 2010

Section: V,21

Law: Capital Development Authority Ordinance, 1960

Section: XXIII,IV,15,22,23,24,25,26,27,28,29,30,31,32,33,34

Law: Land Acquisition Act, 1894

Section: I,4

National Command Authority Act (V of 2010 ) -------S. 21---Capital Development Authority Ordinance (XXIII of 1960), Chapter IV & Ss. 15 & 22 to 34---Land Acquisition Act (I of 1894), S. 4---Land acquisition in Islamabad---Acquiring Agency being a strategic organization under National Command Authority---No Objection Certificate (NOC) from Capital Development Authority---Only required for construction but not during acquisition proceedings---Petitioner/ Civil Works Organization (a strategic organization under supervision/management of National Command Authority ) assailed the letter issued by respondent / Land Acquisition Collector, whereby the petitioner had been directed to obtain NOC from Capital Development Authority (CDA) for acquisition of the property---Contention of the petitioner was that, there was no requirement of NOC from CDA as such the said claim was beyond legal authority of the Land Acquisition Collector; that the land was required for public purposes namely defence purposes, which did not fall within the requirement of Capital Development Authority Ordinance, 1960, which is only meant for planning and development of Islamabad within certain framework--Stance of the CDA was that it being the master regulator of Islamabad Capital Territory, petitioner was bound to strictly follow and implement the master plan of CDA as every zone of CDA had its own purpose within the framework of regional development plan---Whether the Land Acquisition Collector could issue direction to obtain NOC from the CDA?---Validity---Record revealed that direction-in-question had been passed with reference to the direction passed vide an order having been passed in Writ Petition No. 2016 of 2021 titled as "Mst. Kaniz Fatima and others v. FOP and others---No doubt, Capital Development Authority Ordinance, 1960, deals with the development of capital in specified areas for which CDA has been equipped with certain powers, duties and functions---In order to manage all functions, the CDA can acquire the land in a specified area in accordance with the procedure laid down in Chapter IV of the CDA Ordinance, 1960, which is provided in detail under S.15 of the CDA Ordinance,…

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