Turning down the plea seeking lifting of ban on stone crushing and chopping of trees at Margalla Hills on Wednesday, the Supreme Court sought a detailed report from the Punjab government in the matter. Resuming the hearing on stone crushing at Margalla Hills, a three-member bench of Chief Justice Anwar Zaheer Jamali expressed dismay over the government performance, saying that the government machinery failed to address the issue on priority.
Addressing the Attorney General for Pakistan, the Chief Justice Jamali observed that court has nothing to do with executives business but on the failure of a government department in delivery the court has to intervene to ensure the constitutional rights. Responding to the Attorney General suggestion to form a commission in the matter in hand Justice Amir Hani Muslim observed that it means that the government has no intention to resolve the issue.
Expressing astonishment, he said that how a servant of Employees Old-Age Benefits Institution was performing duties as Tehsildar in Revenue department, adding that stone crushing continued for six years at the hills even after expiry of the lease period of one year. He asked from the Attorney General that what legal action has been taken against those who intentionally delayed the decision over pending applications for crushing stones lease.
KP Advocate General informed the court that provincial government was making laws on stone crushing; however, Justice Amir Hani Muslim observed that mountains are being erased through blasting on government land from Islamabad to Muree. Besides, a stone crushing company told the court that his clients have been granted lease for blasting in mountains in accordance with law.
Appearing on behalf of Stone Crushing Welfare Association before the bench Barrister Syed Ali Zafar contended that cutting of trees and mining of any kind, including stone crushing, was strictly prohibited without any exception in the National Park and Margalla Hills. He further said that it had been laid down in the notification of the CDA dated 27/04/1980. He added that this prohibition was later on confirmed by the Supreme Court in its judgement of October 25, 2013 and all stone crushing in the National Park was prohibited.
Ali argued that his clients' case was entirely different as they were not carrying out any stone crushing activity in the National Park at all but the police authorities without verifying whether the petitioner was carrying on its activities in the National Park or outside it, had stopped the stone crushers from crushing the stones as well. To which the court issued notices to parties of the case. Seeking detailed report from Punjab government in the matter the bench adjourned the hearing for June 29.
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