Traders move IHC against administrator’s notification

Islamabad
The traders of Fruit and Vegetable Market (Sabzi Mandi), I-11/4, have filed a writ petition before the Islamabad High Court (IHC) challenging a notification by the administrator of the market committee, Ghazanfar Shahzad, whereby traders have been asked to obtain licences under Section 6 of Agriculture Produce Market (APM) Ordinance General Rules 2014.
The petitioners claimed that the administrator has no powers in this regard.
Justice Shaukat Aziz Siddiqui of the IHC, while hearing the petition, issued notices to the CDA, ICT chief commissioner and deputy commissioner and the administrator of the market committee, seeking their replies and put off hearing in the case till November 6.
Petition has been filed by four traders including Haji Muhammad Idris, Muhammad Jamil, Muhammad Siddique and Ishfaq Ahmed Abbasi through their counsel Abdul Shakoor Paracha.
The petitioners nominated the Federation of Pakistan through interior secretary, chief commissioner, Capital Development Authority (CDA), deputy commissioner, deputy secretary of the Ministry of Interior and Ghazanfar Shahzad as respondents.
The petitioners told the court that they are running their business of selling fruits and vegetables since 1980. The petitioners along with other traders have acquired property rights in land and shops situated within the Fruit and Vegetable Market and CDA is maintaining the same since its establishment. The petitioners and other traders are paying taxes and the entry fee under relevant laws of the CDA.
The administrator market committee, vide notices dated September 16, 2015, October 21, 2015 and October 29, 2015 by referring the notification dated December 22, 2014, asked shopkeepers and traders of the Fruit and Vegetable Market to obtain licences. The petitioners said that the notification dated December 22, 2014 is illegal and without any jurisdiction.
The petitioners contended that on the one hand the civic body under the CDA Ordinance has the right to set up a public market and charge fee for the issuance of licences in the territory controlled by the CDA and on the other hand the ICT APM Ordinance 2002 also authorised market committee to set up market and charge fee for the licence. Both the laws empower two different authorities to set up and administer markets and to charge fee for issuing licences for carrying on business therein. The power granted to two different authorities under two different laws are overlapping and hence the notification is unwarranted and liable to be struck down.
The petitioners said that the administrator market committee has no lawful authority, powers to perform functions of market committee, as its constitution is not as per law. Moreover, the fee for licences has been prescribed too high whereas in other parts of the country this fee is kept low to control prices of fruits and vegetables.
The petitioners prayed to the court to declare the December 22, 2014 notification without lawful authority and of no legal effect. And the demand of obtaining licences and fee be declared to be without lawful authority and of no legal effect.