Saving Islamabad’s environment: Commission to review CDA ordinance
Will submit its findings with the court within 60 days after its formation
PHOTO AFP
ISLAMABAD:
The Cabinet Division on Monday notified the constitution of a five-member commission with “extended” powers to review not only the Capital Development Authority (CDA) Ordinance, 1960 but other environmental laws and acts to stall further degradation of the capital’s environment.
The extraordinary powers are mandated to the commission — which senior officials at the Cabinet Division and the CDA believe are tantamount to encroaching upon domain of the civic agency that is an autonomous body and is governed under its own ordinance — following directions of the Islamabad High Court (IHC).
A judicial officer of the IHC in his order dated February 20, 2015 dictated the terms and conditions of the commission, which appeared without any change in the notification of the commission made by the Cabinet Division on Monday.
The IHC has given that order on a writ petition filed by Shiraza Shakeel under Article 199 of the Constitution of Pakistan in 2011.
The commission will be headed by Dr Pervaiz Hassan, senior advocate of the Supreme Court of Pakistan.
It will carry out a review of the rules and regulations made or issued under the CDA Ordinance 1960 and the Pakistan Environment Protection Act, 1997.
While, it will also make recommendations, if necessary, on amendment of any law, rule or regulation or in policy or enforcement [of law]. It will also suggest that how to ensure individual and institutional accountability, proposals regarding appropriate governance and management systems, collection of data
of illegal projects in prohibited zones, identify policy gaps and practice omissions after assessing the state of enforcement of environmental laws.
The commission will submit its findings with the court within 60 days after its formation, according to notification.
Conflict of interest
Background deliberations with a number of officials ascertain that it is not simply a matter of forming a commission for investigating issues related to the environment.
The said judicial officer has been contemplating since long for incorporation of his nominees to Islamabad Wildlife Management Board (IWMB) — a body responsible for taking all policy decisions regarding protection, preservation, conservation and management of wildlife in the capital.
Interestingly, the names forwarded by the officer include a representative of an internationally renowned oil and gas exploration firm.
It’s worth remembering that in 2009 a Hungarian oil and gas exploration firm conducted drilling activity at the south block of the Margalla Hills National Park, but owing to immense opposition the practice was left halfway, according to a senior CDA officer.
On February 23, 2015, the judicial officer also passed an order asking the government to complete all formalities and notify the IWMB.
The court in its order not only suggested the names of six members including the oil firm representative but also directed the federal government that their names be included as “they are eminent citizens having experience in the field”.
Interestingly, the court went on directing the federal government that “in order to avoid conflict of interest no official of the CDA shall be included in the board as that would be in violation of Section 4(2) of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.
However, the section 4(2) that covers formation of the board does not say that only people from outside would be made members of the board.
A few days ago, the CDA sent the names suggested by the judicial officer to the federal government for formation of IWMB but without taking consent of the judicial officer the CDA also included names of some politicians of Islamabad.
“This infuriated the judicial officer and now with a view to punish them he ordered the formation of a commission,” said a senior official of the Cabinet Division requesting anonymity.
Published in The Express Tribune, April 28th, 2015.
The Cabinet Division on Monday notified the constitution of a five-member commission with “extended” powers to review not only the Capital Development Authority (CDA) Ordinance, 1960 but other environmental laws and acts to stall further degradation of the capital’s environment.
The extraordinary powers are mandated to the commission — which senior officials at the Cabinet Division and the CDA believe are tantamount to encroaching upon domain of the civic agency that is an autonomous body and is governed under its own ordinance — following directions of the Islamabad High Court (IHC).
A judicial officer of the IHC in his order dated February 20, 2015 dictated the terms and conditions of the commission, which appeared without any change in the notification of the commission made by the Cabinet Division on Monday.
The IHC has given that order on a writ petition filed by Shiraza Shakeel under Article 199 of the Constitution of Pakistan in 2011.
The commission will be headed by Dr Pervaiz Hassan, senior advocate of the Supreme Court of Pakistan.
It will carry out a review of the rules and regulations made or issued under the CDA Ordinance 1960 and the Pakistan Environment Protection Act, 1997.
While, it will also make recommendations, if necessary, on amendment of any law, rule or regulation or in policy or enforcement [of law]. It will also suggest that how to ensure individual and institutional accountability, proposals regarding appropriate governance and management systems, collection of data
of illegal projects in prohibited zones, identify policy gaps and practice omissions after assessing the state of enforcement of environmental laws.
The commission will submit its findings with the court within 60 days after its formation, according to notification.
Conflict of interest
Background deliberations with a number of officials ascertain that it is not simply a matter of forming a commission for investigating issues related to the environment.
The said judicial officer has been contemplating since long for incorporation of his nominees to Islamabad Wildlife Management Board (IWMB) — a body responsible for taking all policy decisions regarding protection, preservation, conservation and management of wildlife in the capital.
Interestingly, the names forwarded by the officer include a representative of an internationally renowned oil and gas exploration firm.
It’s worth remembering that in 2009 a Hungarian oil and gas exploration firm conducted drilling activity at the south block of the Margalla Hills National Park, but owing to immense opposition the practice was left halfway, according to a senior CDA officer.
On February 23, 2015, the judicial officer also passed an order asking the government to complete all formalities and notify the IWMB.
The court in its order not only suggested the names of six members including the oil firm representative but also directed the federal government that their names be included as “they are eminent citizens having experience in the field”.
Interestingly, the court went on directing the federal government that “in order to avoid conflict of interest no official of the CDA shall be included in the board as that would be in violation of Section 4(2) of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.
However, the section 4(2) that covers formation of the board does not say that only people from outside would be made members of the board.
A few days ago, the CDA sent the names suggested by the judicial officer to the federal government for formation of IWMB but without taking consent of the judicial officer the CDA also included names of some politicians of Islamabad.
“This infuriated the judicial officer and now with a view to punish them he ordered the formation of a commission,” said a senior official of the Cabinet Division requesting anonymity.
Published in The Express Tribune, April 28th, 2015.