Monal, Navy Golf Course: Islamabad High Court orders CDA to seize Restaurant Quick Sale and Navy Golf Course
ISLAMABAD: The Islamabad High Court (IHC) has ordered immediate closure of Monal Restaurant in Margalla National Park and Pakistan Navy-run golf course in Sector E-8.
The orders were issued by Chief Justice of the Islamabad High Court Athar Minallah during the hearing of a case against encroachments in Margalla Hills National Park in the Islamabad High Court.
The court rejected the claim of ownership of Military Land Development on 8000 acres of land in Margalla Hills National Park, Islamabad and directed the Environmental Protection Agency to submit a report on the damage caused by the construction here. ۔
"What's happening is amazing."
As the hearing in the case began on Tuesday, the Federal Secretary of Home Affairs, the Federal Secretary of Defense and the Chairman CDA appeared in court, where Chief Justice Athar Minallah expressed surprise that the government had so far relied on the decision. Why could not implement which was related to encroachment on state land.
''What is happening is shocking.'' Chief Justice Athar Minallah remarked.
Addressing the Federal Secretary Home, the Chief Justice remarked that the court summons you, gives decisions but there is lawlessness in Islamabad. The decision regarding encroachment on state land has not been implemented. Would it be nice to have a contempt of court case in each case?'
The Chief Justice remarked that three new sectors of the Armed Forces have been formed in Islamabad. Who will look after them? The Chief Justice asked that all the laws are applicable even in the sectors of forces, are (the laws) being implemented? ''Did the CDA get approval for all the constructions that the Air Force did?"
''The Secretary of Defense is there, listen to their concerns and enforce the law strictly.They may have some security concerns.''
The defense secretary told the court that constructions and encroachments were also taking place by the citizens living in the national park, while the CDA chairman said that every institution had encroached somewhere.
On this, Chief Justice Athar Minallah remarked that has the High Court gone beyond that? If so, start here.
The Chairman CDA took the position that amendments and changes were being made in the master plan of Islamabad without any consideration. The Chief Justice remarked that when government institutions do not encroach, no one else will dare.
Chief Justice Athar Minallah asked who would identify and demarcate the National Park land, to which the CDA chairman replied that the work would be done by the District Collector, assisted by the Survey of Pakistan and the Deputy Commissioner's Office.
"Why has the state writ been weakened?"
The Chief Justice asked why the writ of the state has been weakened. He remarked, "The common man cannot enter a national park because of the elite." There can be no activity in the Margalla Hills National Park area. This land belongs to the federal government from which no one can cut grass.
Chief Justice Athar Minallah asked under which law 8,000 acres of land was given? What is the notification under which this land was given to the forces? The Additional Attorney General replied that according to a 1910 notification, the place was in the possession of the forces.
The Chief Justice remarked, ''Do you want to defend something here that you cannot defend?''
He said,''Once this national park area has been notified, the old notification is gone''.
The court expressed anger at the Additional Attorney General, saying, "How are you talking, you are making the forces controversial. This is not in the public interest.''
''No property can be owned by any department, it is notified in the name of Area National Park,'' Chief Justice Athar Minallah remarked .
Additional Attorney General Qasim Wadud took the position that this issue has not come before the court as you are hearing. Its ownership will remain with the federal government. On which the Chief Justice asked whether you are opposing the position of the Ministry of Climate Change?
Chief Justice Athar Minallah remarked that it is wrong for anyone to claim ownership of Margalla Hills National Park. Margalla Hills National Park is a protected area owned by the federal government.
'Seal the golf course, inquire'
Chief Justice Mr. Justice Athar Minallah remarked that the Armed Forces also have to abide by the law. ''Every citizen respects the armed forces, but what will be the message when they invade?'' All armed forces are controlled by the Ministry of Defense and the Secretary of Defense is present.
The Chief Justice, while addressing the Secretary of Defense, remarked, "You have to make sure that there is no such thing as embarrassment later."
The Chief Justice remarked that it was not appropriate for the Pakistan Navy to encroach and build a golf course. The Chief Justice told the Secretary of Defense, "You yourself have admitted that the golf course is illegal. Seal it and inquire." Hand over the golf course land to CDE today. It is said that the golf course was built for security purposes, but that is not the case.
The Chief Justice also asked about the famous restaurant Monal in Islamabad, “What is the status of Monal? How could it be built? He shouldn't have been there. "
The Chief Justice remarked that how can a metropolitan corporation enter a national park? He ordered that Monal's lease expire, then seal it. ''Chief Justice Islamabad High Court Mr.Justice Athar Minallah directed that the Environmental Protection Agency be asked to estimate the damage caused by the construction and submit a report.''
It may be recalled that a few days ago, the Islamabad High Court declared illegal the Navy Sailing Club being built by the Pakistan Navy on the banks of Rawal Dam and demolished it within three weeks. It also ordered criminal action against the officers involved.