Controversy mars Ayubia chairlift project

Tensions escalate over MoU & allegations of encroachment on National Park land

ABBOTTABAD:

The Chief Conservator Forests, Central Forest Region-I, has expressed serious concerns over the signing of a Memorandum of Understanding (MoU) between the Galiyat Development Authority (GDA) and the Monal Group of Companies regarding the allotment of land for a chairlift project at Ayubia.

In a letter, addressed to the Secretary of Climate Change, Forestry, Environment, and Wildlife Department, a copy of which is available with The Express Tribune, the Chief Conservator declared the signing of the MoU as a violation of the ordinance, act and rules concerning forests. According to the Forest Law & Ordinance 2002, the law doesn’t support signing the MoU aimed at handing over a reserved forest area to a third party (lessee) as it grants overriding power to the lessee with no benefit to the parent/owner department.

The letter highlights several concerns of the department stating that the allotted land benefits the GDA, but the share percentage of the total lease amount deposited in the Forest Development Fund (FDF) has not been decided by the signing authority. The MoU gives full powers to the Monal Group of Companies, offering no gain to the government/forest department, which reduces the forest department's claim on the leased land.

Similarly, no terms are included in the MoU for the vacation of land if the government decides to reclaim it; item No. 6 of the signed MoU grants additional powers to the lessee in a similar case across the province, which is irrelevant to this agreement; the lease agreement with the GDA is not attached as a reference; and all commercial and land use change activities are agreed upon.

The Chief Conservator of Forests, Northern Forest Region-II, Abbottabad, without proper authorisation, signed the MoU in anticipation of the issuance of the relevant memo by the administrative department, which also questions the MoU's authenticity.

The Chief Conservator of Forests, Central Forest Region-I, being the head of the department, has requested the provincial secretary to take immediate action to address these concerns and ensure that the forest department's interests are protected.

Galiyat Tahfuz Movement Chairman Sardar Muhammad Sabir claims that an area of 3,322 hectares of Galiyat Reserve Forest was declared as Ayubia National Park in 1984, with the primary objective of safeguarding the pristine values of Galiyat and protecting the biological resources of the area. “The Galiyat Development Authority (GDA) has leased out 110 kanals of land to the Monal for the installation of a chairlift in Ayubia, despite 60 kanals of the leased land falling within the boundaries of the park.” He further claims that sections 35 and 36 of the Khyber Pakhtunkhwa Wildlife and Biodiversity Act 2015 expressly prohibit activities such as alteration of National Park boundaries, and defacing and damaging structures within the confines of a National Park.

Ayubia National Park gained international recognition due to its intensive protection and management practices, leading to its designation as Gallies Biosphere Reserve by the UNESCO under International Man and the Biosphere Programme (MAB).

Sabir further argues that the MoU executed between the Chief Conservator of Forests and the GDA Director-General violates procedural norms and rules of business, as the management and oversight of National Parks falls exclusively under the purview of the Wildlife Department. He points out that the Khyber Pakhtunkhwa Wildlife and Biodiversity Act 2015, along with the KP National Parks rules, 2022, authorise only designated wildlife officials vide Section 4 of the Rules and Section 29 of the act (DFO Wildlife and Chief Conservator, Wildlife) to accord permission within the National Parks, ensuring conformity with park sanctity and objectives.

In a related development, the wildlife department, being the custodian of the National Park, has also stopped the construction work on the chairlift project and booked the supervisor and workers of the Monal Group of Companies under the Wildlife Biodiversity Act, 2015 for attempting to encroach upon the National Park’s land. A court has sent the accused into judicial custody for 14 days. This move by the wildlife department has further raised questions about the legitimacy of the chairlift project and the involvement of the Monal Group of Companies.

Published in The Express Tribune, May 29^th, 2024.