ISLAMABAD, Jan 11 (Online): Islamabad High Court (IHC) has ordered to seal Monal Restaurant and hand over Navy Golf course to Capital Development Authority (CDA) today besides declaring military directorate set up in National Park as illegal.
Chief Justice (CJ) IHC Athar Minallah took up for hearing the cases filed against illegal constructions and encroachments in Margalla Hills National Park on Tuesday.
The C J IHC remarked during the hearing of the case three sectors of armed forces have been set up in Islamabad. The armed forces should not be controversial in any way. This is not in public interest.
Defence secretary, interior secretary and chairman CDA appeared in the court during the hearing of the case. Malik Amin Aslam could not appear in the court being infected by corona.
CJ IHC while addressing secretary climate change remarked is planting the trees your only duty. The ministry has admitted that the private people have erected encroachments on state land. What this court should do. What is going on is surprising. There is lawlessness in this 1400 square miles area. It is there in the law that how and who will manage land for the armed forces. What is happening is shocking.
CJ IHC while addressing interior secretary remarked there is lawlessness in Islamabad. This court is giving decisions repeatedly and telling you. Now 3 armed forces sectors have been set up. Why there should be any problem due to these three sectors.
The CJ observed SAPM for climate change too did not implement court’s orders. National park is protected area and no activity can take place therein. No one can cut grass in national park area.
The court inquired land which is not used for any purpose will go where.
Additional Attorney General (AAG) told the court this is domain of executive to settle it.
The court remarked the law and not executive has to settle it. There can be no property in the name of any institution. This court has to protect national park. That 8000 kanal land is part of national park now. 8000 kanal land will now be managed under 1979 law. If some one claims ownership of Margalla National park then it is wrong. National park is protected area which is owned by federal government. Navy constructed golf club through encroachments. Armed forces will have to follow law. Every citizen respects armed forces. But when they erect encroachments then what message will go. When these things are stopped then common man will pursue law on his own. Common man cannot penetrate into national park. This is due to elite. No one will dare if government institutions donot go for encroachments. No activity can take place in Margalla hills national park.
The court while reprimanding AAG remarked you are standing here for the defence of whom. All the armed forces are under secretary defence.
Secretary defence has to ensure that there should happen no such thing which leads to humiliation later. You accepted Golf club is illegal. Seal it and hold inquiry.
Chairman CDA told the court we have given notice to demolish Navy Sailing club. Punjab government too claims ownership of certain land.
Chairman CDA told the court that every institution has erected encroachment somewhere.
The court remarked if high court has erected encroachment then start action from here.
Chairman CDA said high court has raised no encroachment.
The court remarked what is status of Monal. It should not have been constructed therein. How can Metropolitan corporation penetrate in national park. If Monal lease has expired then seal it.
The court directed Environmental Protection Agency to work out estimate of loss and present report thereof before it.
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