ISLAMABAD - The Islamabad High Court (IHC) Thursday directed the Secretary Ministry of Defence and the Quarter Master General of Pakistan Army to restrain from undertaking any activity or purported construction outside the specified area allotted for establishing the “Defence Complex” in Sector E-10.
A single bench of IHC comprising Chief Justice of IHC Jutice Athar Minallah issued the directions while hearing a petition filed by Muhammad Jahangir Hussain Shah who challenged the allegedly illegal encroachment by respondent no.3 i.e. the Quarter Master General.
The IHC bench also directed the Secretary Ministry of Interior and chairmen of Capital Development Authority (CDA) and the Islamabad Wildlife Management Board to jointly inspect the area forthwith and ensure that no activity whatsoever is undertaken or carried out by respondent no. 3 outside the allotted land, particularly within the notified area of the Margalla Hills National Park. The court also directed them to submit a compliance report on the next date.
The IHC Chief Justice directed, “Chairman, Capital Development Authority shall ensure that no construction or activity is allowed within the allotted land in E-10 in violation of the aforementioned laws/regulations and approved layout plan, etc.”
“The Secretary, Ministry of Interior and the Chairman, Capital Development Authority shall submit their respective affidavits confirming that no activity or construction has been or is being carried out in violation of the approvals granted under the aforementioned enforced laws/ regulations,” added the bench.
It further said that the officials mentioned in clause (b) above shall forthwith initiate proceedings and take action against any illegal activity or construction undertaken by respondent no. 3 and the Secretary, Ministry of Interior and Chief Commissioner, Islamabad Capital Territory shall ensure that neither the petitioner nor any other resident is harassed.
The bench further said that in case the aforementioned laws/ regulations have been violated, then the secretaries of the Ministry of Defence and Ministry of Interior and the Chairman of the Capital Development Authority are directed to appear before the Court to explain why proceedings may not be ordered to be initiated against officials responsible for taking the law into their own hands or facilitating illegalities/ encroachments in the protected notified area of Margalla Hills National Park.
In this matter, the petitioner stated that he is a resident of village Bairi Meera, which falls within the notified area of Margalla Hills National Park. He asserted in the petition that a specified area was allotted by the Capital Development Authority under the Capital Development Authority Ordinance, 1960 for establishing the “Defence Complex” in Sector E-10.
The petitioner also attached with the petition photographs to show that respondent no. 3 has allegedly illegally encroached the area of Margalla Hills National Park by undertaking construction of a wall. He asserted that the construction of wall is outside the specified area allotted for establishing the “Defence Complex.”
The IHC bench noted that the august Supreme Court vide orders, dated 25-10-2013, 16-03-2015, 18-03- 2015, 19-03-2015 explicitly held that no illegal activity or construction can be allowed within the notified area of the National Park. It added that moreover, the judgment of this Court titled ‘Shahzada Sikandar Ul Mulk and 4 others v. Capital Development Authority and 4 others’ was upheld by the august Supreme Court wherein it has been held that no activity or construction can be allowed in violation of the Ordinance of 1960, the Islamabad Capital Territory (Zoning) Regulations, 1992 and others.
The bench observed that it, prima facie, appears to the Court that the Ministry of Defence through respondent no. 3 has violated the aforementioned laws and unambiguous directions of the august Supreme Court as well as this Court in case of any activity or purported construction undertaken outside the demarcated boundaries of the area allotted for establishing the “Defence Complex” in Sector E-10.
Justice Athar noted, “In such an eventuality, the Authority and the Federal Government would be held liable for failing to fulfil their statutory and constitutional obligations. Such consequences, inter alia, entail criminal prosecution under section 46 of the Ordinance of 1960 and disciplinary proceedings against officials found responsible for taking law in their own hands.”
He added that the questions raised in the petition are of paramount public importance. The petition is admitted to regular hearing and notices are directed to be issued to the respondents for filing report and para-wise comments.
Later, the bench deferred the hearing till December 28 in this matter for further proceedings.