The Secretary has the legal authority to supervise and control Local Governments, ensuring compliance with Public Interest and relevant laws --- Lahore High Court, Lahore upheld Secretary Decision

Islamabad 23-12-2024: In a significant decision reinforcing provincial autonomy and administrative authority, the Lahore High Court dismissed a petition challenging the reduction of advertisement fees imposed by the Local Government & Community Development Department, Punjab.

The case involved a petition filed by Adnan Arif, a contractor engaged by the Municipal Corporation, Murree, to collect advertisement fees for 2023-2024. The petitioner contested the legality of an order passed by the Secretary, Local Government & Community Development Department, which reduced the advertisement fee rate from Rs. 400 per square foot per annum to Rs. 100 per square foot per annum.

The petitioner argued that the reduction was beyond the Secretary’s authority and contrary to the provisions of the Punjab Local Government Act, 2022.

Mr. Justice Jawad Hassan, while delivering the judgment held that the Secretary, under Section 146(3) of the Punjab Local Government Act, 2022, has the legal authority to supervise and control local governments, ensuring compliance with public interest and relevant laws. The Punjab Government Rules of Business, 2011, framed under Article 139 of the Constitution, were deemed binding. The Secretary’s decision was found consistent with these rules. The Court recognized the impugned order as a step to resolve disputes and promote fair taxation, which aligns with the constitutional right to trade and economic activity under Article 18 of the Constitution.

The Court dismissed the petition in limine, citing the petitioner’s failure to establish locus standi or demonstrate any illegality in the impugned order. The decision was deemed lawful, serving the public interest, and consistent with constitutional and statutory provisions.

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