Islamabad High Court (IHC) has banned all kinds of constructions in the Margalla Hills National Park (MHNP).
The court said the Capital Development Authority (CDA) chairman and the Islamabad Wildlife Management Board (IWFMB) would be responsible if any construction took place in the MHNP.
During the hearing, the lawyer of Monal Restaurant said the hotel was constructed after CDA’s permission and they were now being evicted.
He said the Remount Veterinary and Farms Directorate (RVFD) directorate and CDA were demanding rent from them.
He said that they have filed a petition with the civil court against their ouster from the location.
IHC Chief Justice Athar Minallah remarked that the hotel management has signed the lease agreement with an entity that did not own that land.
“Would you accept if the high court registrar gives a land in the national park,?” the court asked the petitioner’s lawyer.
The IHC judge said that nobody can take possession of the state land.
He asked if the directorate could legally claim possession of the state land or manage any land located in a national park.
The IHC chief justice remarked that the claim by the RVFD was a violation of the constitution.
The bench said that the directorate could be instructed to submit the amount of rent collected from the Monal Hotel in the rent and if it fails to satisfy the court over the lease agreement, the trial could be started.
The court in its order said that the hotel signed a new agreement with the directorate after its 15-year lease expired on August 31, 2021.
IHC Chief Justice Athar Minallah said the restaurant’s counsel could not satisfy the court that its contract was legally valid.
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The court said that the directorate cannot claim possession of the land under Article 173 and the military land manual neither it can lease any.
Similarly, the bench remarked that the CDA also could not lease any land in the national park neither allow any construction.
The IHC chief said a case related to the lease of the related property was already under adjudication while the Supreme Court had also ruled that no illegal activity or construction can be allowed within the jurisdiction of a national park.
The bench instructed the interior secretary, the CDA and the IWMB to send a representative at the next hearing to clarify under what authority the lease agreement was allowed.
The court also directed the civic authority and the IWMB to apprise the court of illegal constructions in the jurisdiction of the MHNP.
CDA lawyer Hafiz Irfan said the directorate not only claims possession on the hotel’s land but also on 8,400 acres of land of Margalla Hills.
He added that the CDA had given the lease to the restaurant for 15 years but it started paying rent to the directorate in 2016.
At this, the hotel’s counsel said it was the decision of the federal government and the CDA had also agreed to it.
The IHC chief justice said that the elite has destroyed the national park and asked if there existed any law.
He remarked that the RVFD has no authority to enter a lease agreement with anyone. The court also fixed all cases pertaining to the MHNP for hearing on November 9.
Published in The Express Tribune, November 6th, 2021.
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