ISLAMABAD: Federal Cabinet has sought detailed reports from Capital Development Authority (CDA) on purported encroachments by Pakistan Navy and Pakistan Air Force (PAF) in the Capital, after Cabinet members raised the issue, well-informed sources told Business Recorder.
The decision to seek reports was taken by the Cabinet on July 28, 2020 during discussion on occupation of land by Navy in the name of Water Sports Centre.
Interior Division informed that Pakistan Navy had established a Navy Sailing and Rowing Club near Rawal Lake (Rawal Dam), Islamabad, regarding which the Islamabad High Court on July 23, 2020 passed certain directions during the hearing of W.P. No. 1772 of 2020 (Mrs. Zeenat Salim Vs Pakistan Naval Farms, etc.
The operative part of the directions passed by the court was as under: (i) prima-facie, the occupation of the land and construction of building thereon are illegal and in violation of the enforced laws;(ii) it is, therefore, ordered that till the next date fixed, the Federal Government, through the Secretary Cabinet, and the Chairman, Capital Development Authority shall seal the premises;(iii) Secretary, Cabinet Division is directed to place the matter before the Federal Cabinet in its next meeting for consideration because the enforced laws are not being implemented and that enforcement has been confined to common citizens. This different treatment is unacceptable and has become a matter of routine in the past one decade; (iv) after the matter has been considered by the Cabinet, the Secretary, Cabinet shall submit a report on or before July 30, 2020, informing this court regarding decisions taken by the Cabinet regarding the abysmal state of implementation and enforcement of enacted laws, which inevitably leads to violation of fundamental rights.
In light of the orders of court, CDA was asked to implement the decision and share report for consideration of Cabinet. The CDA furnished a report/summary for consideration of the Cabinet.
Brief facts of the case were presented as follows- Water Sports Center was to be established at Rawal Lake by Pak Navy back in 1994 after long deliberations from February 1992 onwards, when the Prime Minister directed that UNDP experts examine the proposed Water Sports Centre at Rawal lake with respect to environment, on directives of the Prime Minister issued vide PM's Secretariat U.0 No. 5157-AS(FA)/94 of September 09, 1994 containing following directions: The Prime Minister had been pleased to approve development of Water Sports Centre at Rawal Lake.
The Center would be developed by the Chief of the Naval Staff in the capacity of Patron in Chief for all the Water Sports in Pakistan.
The water related activities in Rawal Lake would be subject to conditions proposed in the ETA study conducted by MIS RCG/Haigler Bailey Inc. Islamabad. Finance Division was to release Rs. 18.6 million during the current financial year for development of the Centre.
Cabinet Division was to authorize provision of land at Rawal Lake for the Centre. CDA in a letter on November 27, 1994 regarding allocation of land for the water sports, suggested that Pakistan Navy may submit a revised proposal based on ETA study indicating the minimum land required.
Regarding ETA study on water sports at Rawal lake, Cabinet Division vide U.0 No. 2/2/92-CDA-II of December 13, 1994 informed that Competent Authority had approved the proposal of water sports at Rawal lake by Pakistan Navy.
The facilities available to athletes include rowing, sailing, canoeing, gymnasium, swimming including training lessons by Pakistan Navy's instructors, preparing athletes for international competitions like Asian Games and Olympics etc and provide training facilities to the divers of Pak Navy search and rescue teams, on non-commercial basis.
The area of Water Sports Centre/Naval Club was about 16 kanals where Pakistan Navy had a functional facility constructed at the site and started construction of a building towards southern side of the lake during the year 2019 without getting the building plans approved from CDA.
Another Environmental Impact Assessment study (EIA) was conducted by Pakistan Navy in 2020 which stated that Water Sports could be carried out at the Rawal Lake.
The ETA report had been submitted by Pakistan Navy to Pak EPA for necessary approval. The area of Zone-III falls within multiple regulatory frameworks, including IWMB under the MOCC, EPA, and the Small Dams Organization. The Rawal Dam and adjacent park was in the domain of Metropolitan Corporation.
The Small Dams Organization, Punjab and Pak EPA did not issue notices to Pakistan Navy till the matter was taken up by the IHC. The only notices served were by CDA for building violations. The fact remained that very few Government departments had sought building approvals from CDA and recently violations had occurred in Mauve Area which were stopped.
Almost 108 Government buildings were constructed in Islamabad without any approval. It was pointed out that consultation was required with Ministry of Climate Change, Metropolitan Corporation, Islamabad and Government of the Punjab. They had been requested accordingly.
It was informed that the report submitted by Chairman, CDA was silent on the observations of the Court that enforced laws were not being implemented and that enforcement had been confined to common citizens and this different treatment was unacceptable and had become a matter of routine in the past one decade.
In view of the existing situation, CDA had proposed as under: - (i) the project may be regularized as detailed below:- (a) MCI and Small Dams Organization, Government of
Punjab may determine the lease amount as per rules; (b) CDA may consider regularization of building design as per their policy subject to fines as applicable; (c) The Ministry of Climate Change/Environmental Protection Agency may consider the EIA studies in 1994 and 2020 to determine its applicability in the present situation and; d) No commercial activity may be taken up at site.
Interior Division sought the approval of the Cabinet to the proposals, in the light of the orders of the Islamabad High Court.
During discussion, the Cabinet Secretary read out the operative part of the Court Order, and stated that CDA had confirmed sealing of the premises. According to the Order, the matter of enforced laws not being implemented and that enforcement was confined to common citizens only, had to be placed before the Cabinet for consideration. He opined that the proposal of Interior Division/CDA before the Cabinet for regularizing the project was misdirected as the matter did not fall in the purview of the Cabinet, as it was but the CDA Board, which had to decide the issue, in consultation with the other concerned agencies, like the Small Dams Organization Punjab, IMWB and EPA.
The members appreciated the observations of the Court regarding selective enforcement of laws and expressed resolve that fair, equitable and across the board enforcement of laws must be ensured without fear and favour. A member pointed out that the facility was constructed without any allotment letter and was being utilized for purposes other than a water sports club.
The alleged encroachments by the Navy and Air Force at the Margalla road were also highlighted, which was stated to be a stark exception to what the ordinary citizens were allowed.
There was a consensus among the members that all relevant documents related to the issue, such as the original allotment letter, CDA Building Laws, CDA Land Use Laws, other applicable laws in the matter, etc, should be provided to the Attorney General for Pakistan for giving advice to CDA Board. The Board, in turn, should decide the matter at their own level, in light of the applicable laws/rules and advice of the Attorney General.
While expressing resolve that indiscriminate enforcement of law shall be ensured, the Cabinet directed all relevant documents related to the issue, such as original allotment letter, CDA Building Laws, CDA Land Use Laws, other applicable laws in the matter, etc, be provided to Attorney General for Pakistan for giving advice to CDA Board; CDA Board shall proceed in light of the advice tendered by the Attorney General for Pakistan to implement the laws/rules without any fear and favour; the premises shall remain sealed and no commercial activity would be allowed till the final decision.
The Cabinet further directed CDA to: (i) clamp down on Qabza mafia without any exception and ensure across the board enforcement of law; (ii) check encroachments on green areas and ensure their preservation; and (iii) submit a report on encroachment at Margalla Road by Navy and Air Force in the next meeting, highlighting actions taken by the CDA.
Copyright Business Recorder, 2020
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