IHC offers directives to seal Monal Restaurant


ISLAMABAD:

The Islamabad High Court (IHC) directed the Islamabad chief commissioner and the Capital Development Authority (CDA) on Tuesday to seal off Monal Restaurant instantly and take over the navy’s golf course, respectively.

The IHC chief justice made these remarks throughout a listening to concerning encroachment in Margalla Hills National Park.

During the listening to, Justice Athar Minallah stated that any claims, together with the one by the Military Farms directorate, concerning the possession of land within the Margalla Hills National Park are false. “This is a protected area owned by the federal government,” he added.

“Seal Monal if its lease has ended,” Justice Minallah added.

About Margalla Hills Park, the courtroom stated the land belonged to the state. “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 stated.

In a touch upon Margalla Greens Golf Club, the chief justice stated that the Pakistan Navy encroached on the nationwide park’s land to construct a golf course.

“The armed forces also have to comply with the laws,” he stated, including that individuals have “respect for the military forces but what message would they convey to the public by encroaching on state’s land”.

“People will also follow the law if such things are stopped,” he stated 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 make it possible for the takeover occurs immediately to keep away from any embarrassment.

“You agreed that the golf course is illegal,” the IHC CJ stated to the secretary, directing him to launch an inquiry to repair accountability.

Justice Minallah stated these rules additionally utilized to the armed forces. “Are these rules being implemented,” he questioned. “Did the Pakistan Air Force seek CDA’s permission for the constructions it carried out,” the bench inquired.

Read Margalla Hills National Park: IHC halts development of Defence Complex

They might have some safety reservations, Justice Minallah stated, 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 stated there shouldn’t be any unlawful development by the armed forces because the courtroom didn’t need to see the forces change into controversial. “It is against the public interest,” the decide added.

According to Justice Minallah, not even a single property could be within the identify of any establishment. He stated 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 stated whereas dismissing the declare of the army farms.

Speaking in regards to the position of armed forces within the encroachment, he stated the legislation was clear concerning the land allotted to the armed forces. “The armed forces should not be controversial in any way. It is not in the public interest,” the decide remarked.

He additionally talked about the crusing membership constructed by the navy in a public park, saying such practices carry a foul identify to the armed forces.

At the beginning of the listening to, the extra legal professional basic (AAG) knowledgeable that Special Assistant to the Prime Minister on Climate Change Malik Amin Aslam couldn’t seem earlier than the bench resulting from Covid-19. Justice Minallah additionally grilled the local weather change secretary throughout the listening to. He stated his ministry had acknowledged that the land was encroached upon, however nonetheless there was no motion. “Is your job just to plant trees,” he quipped.

Lamenting the state of affairs within the federal capital, he stated there was “lawlessness” in 1,400 sq. miles of the ICT territory. “What is happening is shocking; what should the court do,” he added.

During the listening to, the IHC CJ additionally requested what occurred to land that’s of no objective or use to anybody. The AAG replied that it was the manager’s job to find out that. However, Justice Minallah retorted that that is to be decided by the legislation as an alternative of the manager.

The excessive courtroom additionally ordered the Environment Protection Agency to submit a report on the damages attributable to unlawful constructions within the nationwide park.

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