There can be no compromise on the need for preserving Margalla Hills National Park: SC

ISLAMABAD: The Supreme Court expressed concern over the encroachments, degradation, and deforestation of Margalla Hills National Park (MHNP), saying no compromise will be made on the necessity to preserve it.

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

The Capital Development Authority (CDA) was directed to file a report of the survey, conducted by Survey of Pakistan. The court asked the authority if the survey has not been completed then inform when it will be completed. The CDA should also state if it has demarcated the boundaries of the National Park.

The court noted that the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979, stipulates that the National Park has to be protected, preserved, conserved, and managed and can be made accessible to the public only for recreation, education, and research purposes.

The chief justice said that the apex court has interpreted the Fundamental Right to Life (Article 9) to living a meaningful life, including having access to parks and to avail of benefits deriving there from. “If the National Park is not preserved it will have a number of adverse environmental consequences, including increasing greenhouses gases, exacerbating climate change, reducing the natural habitat of animals, birds, and biodiversity,” he added.

The court said the National Park can only be used as mandated in the Ordinance. But in violation of the law commercial activities are taking place in the National Park which have been increasing and if this trajectory continues it will not be long until this blessing and gift of nature will be lost forever.

“There can be no compromise on the necessity to preserve the National Park. However, we are not unmindful of the fact that running businesses are operating in the National Park which may need to be dismantled and relocated. Therefore, we look to all parties to propose solutions for restoring the integrity of the National Park in a systematic manner and that it be used only as is permissible under the Ordinance; proposals may be submitted in writing.”

Umar Ijaz Gillani, representing the Islamabad Wildlife Management Board, stated that restaurants and other commercial activities being undertaken in the National Park violate Section 21 of the Ordinance and that over the years, deforestation has taken place, its lands have been encroached upon and the National Park’s status degraded.

He further stated that the CDA has assumed all regulatory powers with regard to the National Park despite the fact that Section 4 of the Ordinance stipulates that it is to be managed by the Board. He further states that any amount generated from the use of the National Park should be spent on the National Park and not for the general development works of CDA in Islamabad City.

Copyright Business Recorder, 2024