Margalla Hills National Park: IHC halts construction of Defence Complex
The Islamabad High Court (IHC) on Thursday raised serious questions over the alleged encroachment by defence authorities in the area of Margalla Hills National Park for the construction of "Defence Complex” in Sector E-10.
"Ministry of Defence secretary and the Quarter Master General of Pakistan Army are forthwith restrained from undertaking any activity or purported construction outside the specified area allotted by the authority (Capital Development Authority) for establishing the ‘Defence Complex’ in Sector E-10," a six-page order issued by IHC Chief Justice Athar Minallah said while hearing a petition against alleged illegal encroachment made by Quarter Master General of Pakistan Army.
The order said that Ministry of Interior secretary and Chairmen of Capital Development Authority and the Islamabad Wildlife Management Board shall forthwith jointly inspect the area and ensure that no activity whatsoever is undertaken or carried out by respondent no 3 (Quarter Master General) outside the allotted land, particularly within the notified area of the Margalla Hills National Park. It has been asserted that the construction of wall is outside the specified area allotted for establishing the Defence Complex. They shall submit a compliance report on the date fixed (December 28, 2021).
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"The Capital Development Authority chairman shall ensure that no construction or activity is allowed within the allotted land in E-10 in violation of the aforementioned laws/regulations and approved layout plan, etc
"The Ministry of Interior secretary and the Capital Development Authority chairman shall submit their respective affidavits confirming that no activity or construction has been or is being carried out in violation of the approvals granted under the aforementioned enforced laws/regulations
"The Ministry of Interior secretary and Islamabad Capital Territory chief commissioner shall ensure that the petitioner nor any other resident is harassed.
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"The registrar of the court is directed to send copies of this order to the aforementioned officials for compliance. In case the laws/regulations have been violated, the secretaries of the Ministry of Defence, Ministry of Interior and the CDA chairman are directed to appear before the court to explain why proceedings may not be ordered to be initiated against officials responsible for taking the law into their own hands or facilitating illegalities encroachments in the protected notified area of Margalla Hills National Park,” the order said.
It added that it appears to the court that the Ministry of Defence through respondent no three has violated the laws and unambiguous directions of the august Supreme Court as well as this court in case of any activity or purported construction undertaken outside the demarcated boundaries of the area allotted for establishing the “Defence Complex” in Sector E-10.
"In such an eventuality, the authority and the federal government would be held liable for failing to fulfil their statutory and constitutional obligations. Such consequences, inter alia, entail criminal prosecution under Section 46 of the Ordinance of 1960 and disciplinary proceedings against officials found responsible for taking law into their own hands," the order said.
The court noted that the Supreme Court has explicitly held that no illegal activity or construction can be allowed within the notified area of the National Park.