Imagine driving into a commercial district to drop off a colleague or grab a coffee, only to be stopped at a toll booth and told to pay an “entry fee” just for using the service road. This is a reality many Pakistanis face daily. Public authorities, tasked with facilitating citizens, view infrastructure not as a necessity but as a source of revenue. The Capital Development Authority (CDA), Metropolitan Corporation Islamabad (MCI), and other provincial bodies levy charges, leaving drivers confused and officials deflecting responsibility.
The Islamabad High Court recently examined such a case involving the New Blue Area, a new commercial hub in the capital. A petition challenged a Rs 100 fee for entering the service road there. The charge applied whether vehicles were parking or simply passing through, affecting ride-hailing services and couriers alike.
When asked to justify the charge, MCI representatives blamed the CDA, stating they were only enforcing the authority’s “Parking Regulations 2023”. However, these regulations had never been published in the official gazette or made available to the public. Further inquiry showed that while the CDA board approved the regulations in 2023, they remained inaccessible online.
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This episode laid bare a flaw in Pakistani administrative governance. Two civic bodies with overlapping jurisdictions shift blame constantly, allowing private contractors to collect questionable fees under the banner of “traffic management”. Neither accepts accountability.
Pakistani law distinguishes sharply between a tax and a fee. A tax is a general revenue-raising measure, while a fee must correspond to a specific service or privilege. A landmark ruling established this distinction. The CDA and MCI charges fail this test. The roads were built with public money. Demanding payment simply to access public space is not a fee for service; it is an unauthorized exaction dressed up as a parking charge.
Enforcing unpublished regulations also breaches the Islamabad Capital Territory Local Government Act 2015, which requires advance notice and a public objection period before any levy can take effect.
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The root cause lies in how civic bodies are structured. Board members of development authorities are appointed bureaucrats, not elected officials. Their focus leans toward generating revenue rather than serving the public. Overlapping mandates between development authorities and municipal corporations breed confusion and erode accountability.
Resolving this requires the CDA to return to its core responsibilities of master planning, urban development, and land management. Courts must strike down any levy that lacks explicit parliamentary authorization and a direct, measurable service in return. Municipal entities should operate transparently, and mandatory gazette notifications combined with public objection periods must become standard practice.
