Construction banned in Bani Gala

IHC halts building activity after being told petitioner’s building did not clear layout plans

ISLAMABAD: The Islamabad High Court on Wednesday imposed a ban on all types of construction activities in the scenic Bani Gala.

A larger bench of the IHC, comprising Justice Aamer Farooq, Justice Athar Minallah and Justice Mohsin Akhtar Kayani imposed the ban while deciding on a petition filed by Shahzada Sikandarul Mulk.

Mulk had approached the high court against the construction of a commercial plaza near a busy road in Bani Gala. He had stated that the construction of the plaza would be hazardous to the environment of the scenic locality located on the banks of the Rawal lake.



The bench, however, ordered to halt construction work in the entire locality after they were informed that the petitioner's own property lacked a building layout plan.

The Capital Development Authority (CDA) counsel Kashif Malik told the court that the petitioner’s own property was not legal since its building had not been approved by the civic authority.

The CDA counsel further told the bench about steps taken by the civic body to preserve the environment in Bani Gala.

“Rawal Lake and its surrounding area along with Bani Gala was included in the National Park by the federal government through a notification on April 27, 1980,” Malik said in his comments.

He added that Rawal Lake had also been included in the Margalla Hills National Park. As per the ICT Zoning Regulations of1992, he said that no building could be constructed in Zone III and Margalla Hills National Park.



Malik further told the bench that utility providers such as Sui Northern Gas Pipelines Limited (SNGPL) and the Islamabad Electric Supply Company (IESCO) – have been asked to refrain from issuing connections to buildings, structures without prior approval from CDA.

The lawyer added that on March 14 the capital administration had issued a notification imposing Section 144 of the criminal procedure code prohibiting all kinds of illegal construction, sale, purchase, cutting of trees and destruction of natural beauty in Bani Gala.

The bench subsequently halted all construction in the locality. The court will now take up the case on May 18.

Published in The Express Tribune, May 4^th, 2017.