The Supreme Court (SC) on Monday imposed a ban on the parking of vehicles on service roads in Islamabad while it also disposed of all review petitions filed against the ban on stone crushing in Margalla Hills.
A five-member bench of SC headed by Chief Justice Gulzar Ahmed heard the case related to environmental pollution.
The bench instructed the Islamabad Chief Commissioner Amer Ali Ahmed to enforce the ban on the parking of cars on the service roads in the federal capital.
The petitioner’s counsel Aitzaz Ahsan maintained they had obtained stone-crushing licenses only after the orders of the apex court however it has been banned once again.
The court remarked that the people could not be deprived of their right to live.
Chief Justice Gulzar Ahmed asked if the crushers want Margalla Hils National Park (MHNP) to disappear. If this continued, stone crushing would also start even on K-2 Mountain one day.
He remarked that the stone-crushers could not even guess the cost of crushing mountains on the environment.
Further, the court expressed displeasure on the relinquishment of powers from Islamabad Metropolitan Corporation (IMC) to the Capital Development Authority (CDA). The court summoned the acting-IMC mayor in the proceeding.
CDA Chairman Amer Ali informed the bench that street lights, construction of roads, and some other powers were designated to the authority from the corporation and that too temporarily.
Chief justice stated that divesting powers from the Islamabad mayor was a violation of the constitution. CDA chairman contended that five directorates of IMC were transferred to the authority by the Islamabad mayor himself. IMC was facing a shortage of funds and unable to work properly.
On this the chief justice said that the power of local government was the issue of basic rights. It means that Article 140 of the constitution had become dysfunctional in Islamabad? he asked the CDA chairman.
Amer Ali said that the absence of rules of business was the major cause behind IMC’s failure. He added that rules of business were sent to the federal cabinet for approval on the court’s directions. The court was directed to notify the rules in a week.
Moreover, the CDA chairman stated that plots in the Margalla Hills were allotted illegally and inquiry into the matter was underway.
Meanwhile, Islamabad acting mayor joined the hearing. Rebuking him, the bench asked if he has any interest in Islamabad.
The mayor told the court that he goes to office every day but there is nothing to do. CJP asked if voters don’t ask him questions. The acting mayor said the people knew he was powerless.
CDA chairman told the bench that since different directorates were returned by the IMC, development work has expedited.
CJP asked what was being done for cleaning storm drains to which Ahmed said work on restoring the STP has started.
He told that a sewerage water treatment plant was being established to recycle water while allotments in Sectors H-8 to H-16 were cancelled. However, he said the Allama Iqbal Open University (AIOU), NUST, and Police Lines are located in these areas.
The court said that U-turn on Islamabad Expressway must be closed.
Ahmed said that 100 washrooms were being built in Islamabad to which the CJP remarked there should be at least 500 washrooms, one every kilometre (km).
The CJP said all malls and shopping centres that lack a proper car park must be shut down as it was hard to park in Blue Area. He directed to bar parking cars on service roads.
Published in The Express Tribune, December 15th, 2020.
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