The IHC chief justice made these remarks throughout a listening to relating to encroachment in Margalla Hills Nationwide Park.
Throughout the listening to, Justice Athar Minallah mentioned that any claims, together with the one by the Navy Farms directorate, relating to the possession of land within the Margalla Hills Nationwide Park are false. “It is a protected space owned by the federal authorities,” he added.
“Seal Monal if its lease has ended,” Justice Minallah added.
About Margalla Hills Park, the court docket mentioned the land belonged to the state. “It’s a protected space and there may be no exercise in it. Nobody may even minimize grass within the nationwide park space,” the IHC CJ mentioned.
In a touch upon Margalla Greens Golf Membership, the chief justice mentioned that the Pakistan Navy encroached on the nationwide park’s land to construct a golf course.
“The armed forces additionally should adjust to the legal guidelines,” he mentioned, including that folks have “respect for the army forces however what message would they convey to the general public by encroaching on state’s land”.
“Individuals may also comply with the legislation if such issues are stopped,” he mentioned in reference to violation of legal guidelines by the state establishments.
Ordering the CDA to take management of the golf course on the identical day, the IHC CJ directed the chief secretary to guarantee that the takeover occurs at this time to keep away from any embarrassment.
“You agreed that the golf course is illegitimate,” the IHC CJ mentioned to the secretary, directing him to launch an inquiry to repair duty.
Justice Minallah mentioned these guidelines additionally utilized to the armed forces. “Are these guidelines being carried out,” he questioned. “Did the Pakistan Air Drive search CDA’s permission for the constructions it carried out,” the bench inquired.
They might have some safety reservations, Justice Minallah mentioned, including that the defence secretary is right here and he ought to be heard however the legal guidelines wanted to be carried out strictly.
He mentioned there shouldn’t be any unlawful building by the armed forces because the court docket didn’t wish to see the forces develop into controversial. “It’s in opposition to the general public curiosity,” the decide added.
In line with Justice Minallah, not even a single property may be within the title of any establishment. He mentioned the armed forces weren’t autonomous however subordinate to the defence ministry. The 8,000 acres of land claimed by the army farms is now a part of the nationwide park, he mentioned whereas dismissing the declare of the army farms.
Talking concerning the function of armed forces within the encroachment, he mentioned the legislation was clear relating to the land allotted to the armed forces. “The armed forces shouldn’t be controversial in any manner. It’s not within the public curiosity,” the decide remarked.
He additionally talked about the crusing membership constructed by the navy in a public park, saying such practices deliver a foul title to the armed forces.
At first of the listening to, the extra legal professional normal (AAG) knowledgeable that Particular Assistant to the Prime Minister on Local weather Change Malik Amin Aslam couldn’t seem earlier than the bench because of Covid-19. Justice Minallah additionally grilled the local weather change secretary in the course of the listening to. He mentioned his ministry had acknowledged that the land was encroached upon, however nonetheless there was no motion. “Is your job simply to plant timber,” he quipped.
Lamenting the state of affairs within the federal capital, he mentioned there was “lawlessness” in 1,400 sq. miles of the ICT territory. “What is going on is stunning; what ought to the court docket do,” he added.
Throughout the listening to, the IHC CJ additionally requested what occurred to land that’s of no function or use to anybody. The AAG replied that it was the chief’s job to find out that. Nevertheless, Justice Minallah retorted that that is to be decided by the legislation as a substitute of the chief.
The excessive court docket additionally ordered the Setting Safety Company to submit a report on the damages brought on by unlawful constructions within the nationwide park.