ISLAMABAD - The Islamabad High Court (IHC) will Tuesday (tomorrow) resume hearing in a petition seeking directions for the protection of Margalla Hills National Park.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah will conduct hearing of the petition wherein he had previously directed Attorney General, Chairman Capital Development Authority (CDA) and Special Assistant to Prime Minister Malik Amin Aslam to appear before the court in person in the matter related to encroachments at Margalla Hills National Park.
The IHC bench had directed them to appear before the court to explain why laws are not being enforced in the capital of Pakistan and why the executive authorities have failed in taking action against the persons and authorities who by taking law into their hands, have illegally encroached the Margalla Hills National Park.
It added, “The purported allotment of 8603 acres of land in favour of the ‘Remount, Veterinary and Farms Directorate’ prima-facie appears to be in violation of Article 173 of the Constitution of the Islamic Republic of Pakistan, 1973, the ‘Master Plan’ the Capital Development Authority Ordinance, 1960 and the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979.”
The IHC bench had earlier directed Attorney General, Chairman CDA and SAPM on Climate Change to explain why laws are not being enforced in capital
The court further said that they are expected to satisfy the Court regarding legality of the purported allotment.
During the hearing, a report was filed by a committee which was constituted pursuant to order, dated 09.11.2021. Justice Athar observed that perusal of the report submitted by the committee headed by Special Assistant to Prime Minister, Malik Amin Aslam, reflects an abysmal state of rule of law in the capital of Pakistan. “It manifests a disregard for the laws enforced within the 1400 square miles of Islamabad Capital Territory.
It also speaks volumes for the helplessness or complacency of the public functionaries. The failure to protect the Margalla Hills National Park has serious consequences in the context of environmental degradation and the rights of future generations,” maintained the IHC CJ.
The representative of the CDA appeared before the bench and stated that notice under section 21 of the Islamabad Wildife Management Ordinance, 1979 was issued in 2012.
However, the official of the Authority was not able to give any plausible explanation for the delay in taking action nor could he satisfy as to why encroached land which vests in the Capital Development Authority has not been taken over as yet.
The Additional Attorney General was also not able to satisfy the Court regarding the legality of purported allotment of 8603 acres of land in the Margalla Hills National Park in favour of the ‘Remount, Veterinary and Farms Directorate’ while the latter is not an independent entity.
Justice Athar said that the admitted illegal encroachments and inaction on part of the regulatory authorities raises paramount questions of public importance having profound consequences for enforcement of fundamental rights of the public at large. He added that it is definitely an embarrassingly abysmal reflection of the status of rule of law in the capital of Pakistan.
