Capital versus: Punjab Dispute over Margallas enters a gorge

CDA maintains federal govt owns forestland; Punjab wants to take issue before CCI.

ISLAMABAD:

The federal and Punjab governments have reached an impasse in an ongoing battle for the ownership of Margalla Reserve Forest. After a committee constituted by the Cabinet Division for solving the dispute was decried as an inappropriate forum, representatives from Punjab are now demanding the issue be taken to the Council of Common Interests (CCI).

Rawalpindi commissioner and chief conservator of forest Punjab came up with the demand after federal representatives claimed that the ownership of the land was handed over to Islamabad in the 1980s. After the establishment of the ICT administration through an ordinance the ownership of the land had passed to the federal government, an official had maintained. However, both sides have agreed to a fresh demarcation of Margalla Hills to save it from encroachers.

In August 2012, the Cabinet Division formed a committee comprising members from the Capital Development Authority (CDA), Islamabad Capital Territory (ICT) administration, Rawalpindi commissioner and Forest Division Punjab in the backdrop of a letter written by Punjab Forest Secretary Maj. (retd) Shahnawaz Badar to CDA chairman. The committee has met four times.

The Punjab forest secretary stated in the letter that CDA had approached the West Punjab government for transfer of management of Margalla reserve forests after Islamabad was declared as the capital city in 1960.

Responding to the request, Punjab had leased out 11,970 acres out of 12,511 acres of the forestland to CDA for 20 years in 1961. After the lease expired in 1981, it was extended for 10 years.

However, after 1991, neither did the civic agency ask for another extension nor did the Punjab government take any step to reclaim the forestland’s ownership. It was when CDA kicked off work on the construction of Margalla Avenue that will pass through the forest near Labana village in 2012, the Punjab government was forced to act.



The Punjab forest secretary claimed that the construction of the avenue would be in violation of the lease agreement signed between West Pakistan agriculture secretary and CDA’s Horticulture Directorate in 1966. He alleged that CDA had failed to check the ever-increasing encroachments on Margalla Hills.

The Cabinet Division formed the committee where both the sides claimed that the forestland belonged to them.

When contacted chief conservator of forest northern zone Punjab, Raja Khalid said CDA’s and the ICT administration’s representatives were wrong about the ownership of Margalla Hills forest. “We have categorically stated that the issue should be resolved by the Council of Common Interests,” he added.

CDA and ICT administration are usurpers of Punjab’s rights over the land, Khalid said. “The land was leased out to them, but now they are claiming ownership,” he added. If they own the forest why did CDA ask for extensions in the lease agreement?” Khalid questioned.

We will fight until the issue is settled in accordance with the law, he said. However, Khalid clarified that Punjab had no issue over the demarcation of forestland. “It’s state property and we all are duty bound to protect it from encroachers.”

Khalid stated that the committee did not have the mandate to resolve the issue of ownership of Margalla Hills, adding that a constitutional amendment was required to change the ownership of land.

CDA Member Environment Dr Kazim Niaz, a committee member, said the committee would discuss the modalities for demarcating the forestland in its next meeting. He reiterated that the forestland belonged to CDA.

Published in The Express Tribune, February 10^th, 2013.