ISLAMABAD   -  The Islamabad High Court (IHC) Friday issued no­tices to the respondents in a suit filed by the Monal Group of Companies against the Capital Development Authority (CDA) for cancelling its lease in Margalla Hills National Park. A single bench of IHC, compris­ing Chief Justice Athar Minallah also issued notices to the attorney general for assistance, inter-alia, re­garding the status of respondent no 3 i.e. Remount, Veterinary and Farms Directorate and whether it can legally own or manage state land, particularly within the protected area of the National Park notified un­der the Ordinance of 1979.

The IHC bench also directed the office to issue no­tices to the respondents while it directed the federal government i.e. the ministry of interior, the Authority and the Islamabad Wild Life Board to nominate their respective senior officials to appear before this court and explain under what authority of law respondent no 3 has been allowed to execute lease agreement within the notified National Park.

In this matter, the appeal and the civil revision filed by the appellant company against cancellation of its lease while the CDA asserted that it had executed a lease agreement with the appellant company and that it was valid till 31.08.2021.

However, it is the case of the appellant company that before the expiry of the lease agreement, it had entered into a fresh agreement with respondent no 3, i.e. The Remount, Veterinary and Farms Directorate of the General Headquarters.

The court observed that the counsel for the com­pany was not able to satisfy this court that the appel­lant company could have lawfully entered into a lease agreement with respondent no 3, during the validity of the lease granted by the Authority.

The bench stated, “It further appears to this court that, prima-facie, the Authority also could not allow any construction nor grant lease hold rights regard­ing any property which falls within the National Park area notified under the Islamabad Wildlife (Protec­tion, Preservation, Conservation and Management) Ordinance, 1979. 

The property regarding which lease dispute is pending is situated within the area of the protected National Park notified under the aforementioned law.”

The court mentioned that the august Supreme Court, vide different orders has explicitly held that no illegal activity or construction can be allowed within the notified area of the National Park.

Later, the court directed to relist this appeal and the petition along with the similar petitions and ad­journed the hearing till November 9.