Degradation of Margalla Hills National Park will not be allowed, says apex court

ISLAMABAD: The Supreme Court said the degradation of Margalla Hills National Park (MHNP) will not be allowed, and it should be made accessible to the public for recreation, research, and education purposes.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Irfan Saadat and Justice Naeem Akhtar Afghan, on Thursday, heard an appeal of Monal Group of Companies and Sole Proprietorship against sealing of its restaurant at MHNP.

The court directed the attorney general for Pakistan (AGP) to submit the lease agreement, with the entire record, between Monal Group of Companies and Remount Veterinary and Farms Directorate (RV&FD). It also ordered the Capital Development Authority (CDA) to file the list of restaurants operating at national park.

The chief justice said degradation, deforestation, and pollution are due to not preserving the parks, therefore, emphasised the necessity of preservation of the parks. He noted that commercial activities that have been taking place in the National Park have increased over the years.

During the proceeding, the chief justice inquired from AGP Mansoor Usman Awan to show the lease agreement signed between Monal Group of Companies and the RV&FD. The attorney general replied that he did not bring it, the Court, therefore, adjourned the matter and took it up after the tea break.

After the interval, Mansoor said that still the agreement could not be traced, and sought more time. The Court then ordered the AGP to submit the lease agreement along with the entire record within one week. The court also directed that the amount which was paid by the Monal Restaurant in rent also needs to be disclosed.

The attorney general said that the agreement is void. The bench then asked him whether the RV&FD is the legal entity. He stated that it is not, adding the RV&FD should not have entered into the said agreement because the said agreement had to be entered by the federal government itself.

He further said that the instant agreement is not legal because of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979, adding under Section 21(3) of the Ordinance, Monal restaurant cannot be allowed to operate.

Makhdoom Ali Khan, representing the Monal Restaurant, stated that on 20-03-2006 they had entered into an agreement with the CDA for 15 years. Upon its expiry had another lease agreement on 30-09-2019 with the CDA for 15 years, but after that lease agreement, RV&FD started claiming the ownership of Margalla Hills. He said, therefore, they entered into an agreement with the RV&FD as well.

He said that for one year they had paid rent to both – the CDA and the RV&FD. He contended that his client has been singled out, whereas, other restaurants are also operating in MHNP, but the CDA has issued notice to Monal.

The Court, therefore, directed CDA to file the list of leases of restaurants operating at National Park within one week. The report should contain (i) name of party;(ii) date of lease agreement;(iii) monthly and annual rent, and(iv) duration of the agreements. They also directed the CDA to submit copies of the tenancy and lease agreements. The court said that after the submission of the record, the SC Office shall issue notices to the parties, as the court order may not affect them unheard.

The attorney general further said the Regulation 4(3) of the Islamabad Capital Territory (Zoning) Regulations 1992 allows national park land use just for recreation, education, and research purposes.

Advocate Umer Gilani, appearing along with the Chairman Islamabad Wildlife Management Board Rina Saeed, stated that restaurants and other activities in National Park is a violation of Section 21 of the Ordinance, adding the National Park is being degraded by the encroachment as the CDA assumed the regulatory power, while the Ordinance said that the Park is managed by the Board. He said according to the Ordinance any amount generated on the use of the National Park must be spent on the Park and not on the development work of the CDA.

The World Wildlife Fund (WWF) filed an application to be arrayed party in this case. As no one objected the bench allowed its application. Hammad Naqi, a member of WWF, told the court that the basic interest of the WWF to implead party is to stop the further degradation of the National Park and the compliance of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979.

Copyright Business Recorder, 2024