ISLAMABAD  -  The Supreme Court on Thursday ordered to forfeit Rs5 million given by the Pakistan Cricket Board to Capital Development Authority for the construction of a cricket stadium in Islamabad while declaring an agreement in this regard as void ab initio.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar was hearing a civil petition filed by the Margalla Hills National Park Society (MHNPS) President Roedad Khan against the construction of a cricket stadium in the protected forest area of Shakarparian.

In an earlier hearing of this case, the matter was almost settled as the PCB backtracked from building cricket stadium at Shakarparian and its Chairman Najam Sethi had informed the court that they are not interested in construction of a cricket stadium in the MHNP.

However, when the proceeding of the said case resumed on Thursday, the Chief Justice questioned from the PCB’s counsel that who will compensate the environmental harm caused due to heavy excavation at Shakarparian for the stalled construction of stadium.  

The PCB’s counsel tried to lay the blame for the fiasco squarely on the CDA, stating the authority was responsible for making sure that land for the stadium is not allotted in the national park.

“We had signed a Memorandum of Understanding (MOU) in this regard with CDA in a good faith and also provided Rs5 million”, the PCB’s counsel replied to a court query that who had done construction work on ground and informed: “It was CDA which carried out initial ground work on the site.”

Justice Saqib Nisar declared the MOU between PCB and CDA as void ab initio and directed the civic body to restore the site back into its original shape.  “The amount (Rs.5 million) submitted by PCB be forfeited and same shall be utilised to restore the site as it is into its natural shape”, Chief Justice remarked while constituting a committee to oversee the restoration process.

The committee will consist of petitioner Roedad Khan, Journalist Hamid Mir, chairman CDA and director general Environmental Protection Agency (EPA).

Meanwhile, hearing of a suo motu case pertaining to water scarcity in Islamabad, Chief Justice Mian Saqib Nisar came down hard on the previous government for failing to prioritise water issues, leading to scarcity.

“The government did not devise a strategy to ensure water supply as the demand for water was 120 million gallons, the supply was stagnant at 58.7 million”, noted justice Nisar, adding: “Tankers worth Rs1,500 are being sold in Islamabad”.

The representative of Metropolitan Corporation Islamabad said due to the ineffective policies there was no other option than to utilise water from Tarbela Dam. “The government released only Rs500 million for Rs70 billion project.”  “Were the funds arranged after prioritising water?” asked the top judge as he held ‘ruling class’ responsible for the water crisis.

Observing that the water issue was a ticking bomb, CJP said water conservation capacity had not been increased. “We cannot audit the government every day.”

Referring to former president Asif Ali Zardari and deposed Prime Minister Nawaz Sharif, he said both the leaders had not achieved anything in their tenures. “The slogan asking for ‘respect for vote’ should be replaced with “respect for water”. Respect for vote implies that the government ensured provision of basic rights to the people,” he noted. Justice Nisar said the top court could not remain oblivious to the plights of the masses. “We need to demonstrate our commitment.”

The apex court directed Aitzaz Ahsan to serve as a coordinator for the issue and draft a water policy within two-three days. He is also instructed to submit a detailed report pertaining to the water crisis, reservoirs and drinking water. The chief justice said there were outcries over shortage of water and building dams as the matter can worsen in the future. Ahsan has been given until June 21 to submit the report. The court also summoned chief commissioner Islamabad, cantonment board officer and chairman Capital Development Authority (CDA). Malik Abrar, Zamrad Khan and Malik Mehbook – owners of tube wells, have also been summoned while the authorities have been directed to close down their wells.

 

MUHAMMAD ASAD CHAUDHRY