SC rules out stone-crushing plants on Margalla Hills

Apex court asks why expansion of Islamabad not stopped

ISLAMABAD: The apex court has ruled out the possibility of allowing stone crushing to continue in the Margalla Hills National Park (MHNP) and has summoned documents on changes made in the green zone.

A five-member, larger bench of the Supreme Court (SC), headed by the Chief Justice Gulzar Ahmed, on Monday heard a case on environmental pollution in the federal capital.

During Monday’s proceedings, the chief justice noted that the Margalla Hills appear to be cut in half if somebody looks at them from the motorway. He added that only a small portion of the mountain is left intact and even that because of the top court’s interventions.

CJ Ahmed noted that stone crushing cannot continue in the hills, adding that the mountainous area stretches to Khyber-Pakhtunkhwa (K-P).

A counsel for the stone crushers pleaded with the court to match their petition with the related record. He added that the crushing plants have been established at least 1,000 metres away from the buffer zone.

The lawyer noted that raw material for several development projects in the country is extracted from there. He recalled that the apex court has already taken two suo-moto notices on the issue, adding that it was only after that the delimitation of the national park was carried out. The lawyer added that the court can conduct another survey or study the record to check their claims.

The chief justice responded that they have reviewed the records, adding that the report will come in favour of the plant owners.

Justice Ijazul Ahsan said that a national park is aimed at preserving the forest and its wildlife. He added that the mountains of the national park cannot be altered within the jurisdiction of the Islamabad Capital Territory.

CJ Ahmed stated that they will not allow stone crushing in the Margalla Hills, however, the plant owners can do so anywhere else in the country. The court remarked that in 2008, the then premier had reduced the park’s buffer zone. “How come the prime minister ordered changes in the green area in 2008,” adding that the premier had no right to do so.

The court, however, said it will review the matter.

If needed, the court said that it will order the demolition of all establishments in the buffer zone. The bench further asked why the expansion of Islamabad was not being stopped. The court ordered to submit a report on changes made in the green zone and directed all restaurants established there to submit an answer as well. The hearing was adjourned for a month. 

Published in The Express Tribune, June 2^nd, 2020.