The poor are mired in poverty due to lawlessness. "We first have to hold ourselves accountable. If they do this (encroaching on state property) then it will not send a good message," Justice Minallah remarked. "Every citizen respects the armed forces. The chief justice said the navy had built a golf course on encroached land which was not "a good thing". Justice Minallah noted that the armed forces were not autonomous and were instead under the control of the Ministry of Defence. The 8,000 acres of land is now part of the national park," he remarked. "This court has to protect the national park. "No property can be in the name of any institution," the judge said. The AAG replied that it was the executive's job to determine that, to which the judge pointed out: "This is to be determined by the law, not the executive." No one can even cut grass in the national park area," the judge said.Īt this point, Justice Minallah wondered that to whom a land of which there is neither any use nor purpose could go to. "National park area is a protected area and there can be no activity in it. He said the law was clear on who could manage the lands of the armed forces, the manner in which they could do so, adding that the court would not allow anyone to make the armed forces controversial. It is not in the public interest," the judge remarked. The armed forces should not be controversial in any way. "Sectors of three armed forces (army, military, navy) have been formed.
Justice Minallah remarked that there was "lawlessness" abound in the 1400 square miles of the capital territory. "What should this court do? What is happening is surprising," the judge said. Justice Minallah asked the climate change secretary whether his job was "just to plant trees?", reminding that "the ministry has itself acknowledged that the state's land was encroached upon by private people." The court was informed at the hearing's outset by the additional attorney general (AAG) that Special Assistant to the Prime Minister on Climate Change Malik Amin Aslam could not appear since he had tested positive for Covid-19. 'Armed forces should not be controversial' The court had also ordered a survey to be carried out on the damage and a report to be submitted.Įarlier that same month, the court had also asked the attorney general for Pakistan to explain if Messers Remount, the veterinary and farms directorate of the General Headquarters (GHQ), could legally own or manage state land within the protected area of the national park. On November 9, the IHC had blamed several authorities for being complacent about the destruction of Margalla Hills National Park and the wildlife sanctuary. "The defence secretary and chief commissioner should ensure that no complaints come to the court now," Justice Minallah said. The IHC directed the defence secretary to ensure the implementation of the court's orders and make sure there was no illegal construction by the armed forces' three wings. "The defence secretary should inquire about the encroachments of the navy golf course take action against those responsible," Justice Minallah said. The IHC also ordered the CDA to take over the Margalla Greens Golf Club today. The Environment Protection Agency was directed to submit a report on the damages caused by construction on the national park. "Seal Monal if its lease has ended," Justice Minallah added.įollowing the judge's directives, CDA officials went to the restaurant to seal it.
The judge said the concerns of the defence secretary should also be heard and the law should be strictly implemented. "It is possible that they might have some security concerns," he remarked. He questioned whether the Pakistan Air Force had gotten approval from the Capital Development Authority (CDA) for the constructions it had carried out. Justice Minallah said all rules applied to the three wings of the armed forces and asked whether they were being implemented. The climate change secretary, who was present during the hearing, called for Islamabad's master plan to be made public. "This court will protect the wider public interest," the judge said. IHC Chief Justice Athar Minallah issued the order to Islamabad Capital Territory Chief Commissioner Amer Ali Ahmed while hearing a case related to encroachments in the national park.
The Islamabad High Court (IHC) on Tuesday ordered capital authorities to seal off today Monal Restaurant and take control of the Margalla Greens Golf Club built on encroached land, also declaring illegal the military’s claim to 8,000 acres of Margalla Hills National Park.
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