By Asif Naveed
ISLAMABAD (MNN); A petition has been filed in the Islamabad High Court (IHC) challenging the legality of the appointment of the Capital Development Authority’s (CDA) Member Estate, seeking judicial scrutiny of the process under which the appointment was made.
The constitutional petition, filed by citizen Khalid Mahmood under Article 199 of the Constitution and registered as Writ Petition No. 3388/2026, calls upon Respondent No. 4, Mr. Zaman Wattoo, to establish the legal authority under which he is holding the office of CDA Member Estate.
According to the petition, the Establishment Division, through Notification No. 1/58/2020-E-6 dated April 6, 2026, appointed retired Punjab PMS officer Mr. Zaman Wattoo as CDA Member Estate on a contractual basis with immediate effect.
The petitioner argues that the office of Member Estate is a statutory public office established under Section 6 of the CDA Ordinance, 1960, vested with significant powers relating to public land and valuable public rights. Therefore, the appointment should have been made in accordance with the principles of transparency, merit and the law.
The petition contends that the appointment notification merely refers to Section 6 of the CDA Ordinance without explaining the selection process, eligibility criteria, inter-departmental consultations or the basis on which the competent authority approved the appointment.
It further states that experienced officers already serving within the CDA were available for the position, while no exceptional justification or specialised expertise was demonstrated for appointing a retired officer from outside the organisation. The petitioner maintains that the appointment violates Articles 4 and 25 of the Constitution, which guarantee equality before the law and fair treatment.
The petitioner also claims that key documents, including the initial summary, observations of the Establishment Division, contract terms and records showing compliance with the legal framework, have not been made public and remain exclusively in the government’s possession.
The petition requests the court to issue a writ of quo warranto declaring that Mr. Zaman Wattoo lacks the lawful authority to hold the office of Member Estate. It also seeks the annulment of the April 6 appointment notification, directions for the government to produce the complete appointment record before the court, and an order restraining Mr. Wattoo from exercising the powers of the office until his legal status is established.
The petition further argues that although Section 6 of the CDA Ordinance empowers the federal government to appoint CDA members, the authority is not absolute and must be exercised in accordance with the Constitution, applicable laws and principles of good governance.
Barrister Qasim Nawaz Abbasi, Barrister Raja M. Ali Abbas Jalap and Ali Zaib Channa are representing the petitioner. The Islamabad High Court is expected to examine the arguments of both sides and the official record before delivering its decision.
