The Islamabad High Court (IHC) on Tuesday ordered capital authorities to seal 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.
IHC Chief Justice Athar Minallah said, “This court will protect wider public interest”. He questioned whether the Pakistan Air Force had gotten approval from the Capital Development Authority (CDA) for the constructions it had carried out.
Any claims, including the one by the Military Farms directorate, regarding the ownership of land in the Margalla Hills National Park are false, he added. The judge said the concerns of the defense secretary should also be heard and the law should be strictly implemented.
“This is a protected area owned by the federal government, seal Monal if its lease has ended,” Justice Minallah added.
Following the judge’s directives, CDA officials went to the restaurant to seal it.
About Margala hills he said, “It is a protected area and there can be no activity in it. No one can even cut grass in the national park area,” the IHC CJ said.
“The armed forces also have to comply with the laws,” he said, adding that people have “respect for the military forces but what message would they convey to the public by encroaching on state’s land”.
“The defence secretary should inquire about the encroachments of the navy golf course, take action against those responsible”.
Justice Minallah said. “People will also follow the law if such things are stopped,” he said about violation of laws by the state institutions. “You agreed that the golf course is illegal,” the IHC CJ said to the secretary, directing him to launch an inquiry to fix responsibility.
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.” “What should this court do? What is happening is surprising the judge said. The armed forces should not be controversial in any way. It is not in the public interest,” the judge remarked.
He said the law was clear on who could manage the lands of the armed forces, how they could do so, adding that, He said there should not be any illegal construction by the armed forces. Speaking about the role of armed forces in the encroachment, he said the law was clear regarding the land allocated to the armed forces. “National park area is a protected area and there can be no activity in it.
Navy Golf Course
The court instructed the Capital Development Authority to immediately seal the Navy Golf Course. “The Pakistan Navy encroached the land for the club,” Justice Minallah ruled, adding that it was said that the golf course is being built for security purposes. But that didn’t happen. “Seal the golf course today and start an inquiry into it,” the court reiterated.
Monal Restaurant
During the proceeding, the director-general of the Environmental Protection Authority revealed that the Monal restaurant was sealed twice in the past but was reopened again. “We don’t know who did it,” he said. Justice Minallah, irked, remarked that this time that won’t happen and handed over the responsibility of sealing the restaurant to the Chief Commissioner Islamabad Capital Territory. “It is your responsibility to ensure the orders are implemented and you will oversee them yourself,” the judge said.
The commissioner assured the court that he will seal the restaurant himself. Margalla Hills National Park is a property of public land and any commercial activity is banned on its land.
The chief justice said, “They are also expected to take immediate measures to save the notified area from further harm.” “The officials shall forthwith ensure that no construction takes place nor any illegal activity is carried out within the notified areas of the National Park,” he added.
