Government apathy: IHC asks govt to constitute body to preserve Margallas
Judge says CDA’s failings have left capital’s environment vulnerable.
Siddiqi said the CDA and the federal government have failed to perform their statutory functions. PHOTO: IQTIDAR DARA
ISLAMABAD:
The Islamabad High Court has taken strong notice of the negligence of the authorities, ordered the federal government to constitute a policymaking board for the protection, preservation, conservation and management of the Margalla Hills National Park.
While expressing dissatisfaction over the failure of the authority to constitute a board for the past 20 years, Justice Athar Minallah ordered the federal government to set up the board as, in its absence, the capital’s environment has been exposed to severe degradation.
Petitioner Zahid Baig Mirza, through his counsel Afzal Siddiqi, approached the court complaining that the national park has been miserably neglected by the respondents, leading to destruction and the threat of ultimate extinction of its flora and fauna among other things.
The Capital Development Authority (CDA) chairman, environment and administration members, and the Environment and Capital Administration and Development Division secretaries have been made respondents in the petition.
In his arguments, Siddiqi said the CDA and the federal government have failed to perform their statutory functions, which continues to adversely affect Islamabad’s environment and climate.
The respondents have failed to appointment the requisite staff for the protection of the national park and to raise or provide sufficient funds for carrying out statutory purposes, the petitioner said. “The national asset must be protected,” he emphasised.
“Margalla National Park serves as ‘lungs’ for Islamabad Capital Territory. It helps check and combat pollution,” stated the petition, adding that it also maintains biodiversity and ecosystems.
Due to the wilful negligence of the respondents and with connivance of its staff, the park itself is endangered and unless immediate steps are taken, it would be rendered barren and the consequences would be irreversible, the petitioner argued.
Referring to Section 4 of the Islamabad Wildlife Ordinance, the petitioner said the federal government is obliged to constitute a wildlife management board.
“The board has not been constituted as prescribed by law, hence, wildlife cannot be protected, preserved, conserved or managed as per law,” stated the petitioner.
As no steps are being taken, the park is totally unprotected and destructive activities are taking place unchecked, the petition reads.
The damaging activities include indiscriminate felling of trees for domestic and commercial use, he added. He also referred to how forest fires affect biodiversity.
“Digging out roots of stolen trees for fuel purposes, causing erosion of precious soil with the first rainfall, resulting in the degradation of the entire ecosystem, which is a source of fresh water for human consumption and also this fresh water is arable for agriculture,” the petitioner said.
Siddiqi requested that the court direct the respondents to act in accordance with the law and to perform its functions, take all steps prescribed by the law, and to adopt measures necessary for the preservation of flora, fauna and topsoil in the park area.
In addition, he sought court’s help to direct respondents to provide the requisite infrastructure for protection and management, and to devise a mechanism for financial sustainability of the park.
Published in The Express Tribune, May 2nd, 2015.
The Islamabad High Court has taken strong notice of the negligence of the authorities, ordered the federal government to constitute a policymaking board for the protection, preservation, conservation and management of the Margalla Hills National Park.
While expressing dissatisfaction over the failure of the authority to constitute a board for the past 20 years, Justice Athar Minallah ordered the federal government to set up the board as, in its absence, the capital’s environment has been exposed to severe degradation.
Petitioner Zahid Baig Mirza, through his counsel Afzal Siddiqi, approached the court complaining that the national park has been miserably neglected by the respondents, leading to destruction and the threat of ultimate extinction of its flora and fauna among other things.
The Capital Development Authority (CDA) chairman, environment and administration members, and the Environment and Capital Administration and Development Division secretaries have been made respondents in the petition.
In his arguments, Siddiqi said the CDA and the federal government have failed to perform their statutory functions, which continues to adversely affect Islamabad’s environment and climate.
The respondents have failed to appointment the requisite staff for the protection of the national park and to raise or provide sufficient funds for carrying out statutory purposes, the petitioner said. “The national asset must be protected,” he emphasised.
“Margalla National Park serves as ‘lungs’ for Islamabad Capital Territory. It helps check and combat pollution,” stated the petition, adding that it also maintains biodiversity and ecosystems.
Due to the wilful negligence of the respondents and with connivance of its staff, the park itself is endangered and unless immediate steps are taken, it would be rendered barren and the consequences would be irreversible, the petitioner argued.
Referring to Section 4 of the Islamabad Wildlife Ordinance, the petitioner said the federal government is obliged to constitute a wildlife management board.
“The board has not been constituted as prescribed by law, hence, wildlife cannot be protected, preserved, conserved or managed as per law,” stated the petitioner.
As no steps are being taken, the park is totally unprotected and destructive activities are taking place unchecked, the petition reads.
The damaging activities include indiscriminate felling of trees for domestic and commercial use, he added. He also referred to how forest fires affect biodiversity.
“Digging out roots of stolen trees for fuel purposes, causing erosion of precious soil with the first rainfall, resulting in the degradation of the entire ecosystem, which is a source of fresh water for human consumption and also this fresh water is arable for agriculture,” the petitioner said.
Siddiqi requested that the court direct the respondents to act in accordance with the law and to perform its functions, take all steps prescribed by the law, and to adopt measures necessary for the preservation of flora, fauna and topsoil in the park area.
In addition, he sought court’s help to direct respondents to provide the requisite infrastructure for protection and management, and to devise a mechanism for financial sustainability of the park.
Published in The Express Tribune, May 2nd, 2015.