IHC gives orders to seal Monal restaurant.
On Tuesday, the Islamabad High Court (IHC) ordered the Islamabad chief commissioner and the Capital Development Authority (CDA) to immediately close Monal Restaurant and take over the navy’s golf course.
During a hearing on encroachment in Margalla Hills National Park, the IHC chief justice made these remarks.
During the hearing, Justice Athar Minallah stated that all assertions regarding the ownership of land in the Margalla Hills National Park, including the one made by the Military Farms directorate, are fake.
He went on to say, “This is a protected region held by the federal government.”
“If Monal’s lease has expired, seal it,” Justice Minallah remarked.
The court ruled that Margalla Hills Park belonged to the state.
“It is a protected area, and no activity is permitted.”
The IHC CJ stated that “no one can even trim grass in the national park region.”
The chief justice claimed the Pakistan Navy encroached on the national park’s property to establish a golf course in a comment on Margalla Greens Golf Club.
“The armed forces must likewise follow the law,” he added, adding that while people “respect the military forces,” infringing on state land sends the wrong message to the public.
“If such acts are stopped, people will likewise follow the law,” he remarked, referring to public institutions breaking the law.
Sad reality of Monal restaurant which has opened again on interim order from SC, while we await long order from IHC. Here is how Monal “cleans” our precious Margallah Hills National Park. Plz STOP polluting our park. Say NO to illegal restaurants inside MHNP! @WildlifeBoard pic.twitter.com/ARegRIspMF
— Rina S Khan Satti (@rinasaeed) April 12, 2022
The IHC CJ asked the chief secretary to ensure that the CDA took possession of the golf course on the same day in order to avoid any public embarrassment.
“You agreed that the golf course is illegal,” the IHC CJ told the secretary, instructing him to conduct an investigation to determine who was responsible.
These rules, according to Justice Minallah, also apply to the military forces. “Are these rules being followed?” he inquired. The bench enquired, “Did the Pakistan Air Force obtain CDA authorization for the constructions it carried out?”
They may have security concerns, Justice Minallah remarked, adding that the defence secretary is present and should be heard, but that the rules must be properly followed.
He stated that the armed forces should not construct any unauthorised structures since the court did not want the forces to become controversial.
The judge went on to say, “It is against the public interest.”
According to Justice Minallah, no institution can own even a single piece of property. He claimed that the armed forces were not autonomous, but rather were under the command of the defence minister.
He noted that the 8,000 acres of land claimed by the military farms is now part of the national park, dismissing the military farms’ claim.
He stated the legislation was clear regarding the area allotted to the armed services when asked about their role in the encroachment.
“In no way, shape, or form, the armed forces should be contentious. It is not in the best interests of the public, ” the judge made a statement.
He also brought up the navy’s construction of a sailing club in a public park, claiming that such acts tarnish the military.
The additional attorney general (AAG) said at the commencement of the hearing that Special Assistant to the Prime Minister on Climate Change Malik Amin Aslam would be unable to come before the bench due to Covid-19.
During the hearing, Justice Minallah probed the climate change secretary. He said that his government had accepted that the land had been encroached upon, but that no action had been taken.
He joked, “Is your job merely to grow trees?”
He bemoaned the state of affairs in the federal capital, claiming “lawlessness” across the ICT’s 1,400 square mile domain.
“What’s going on is appalling; what should the court do?” he continued.
During the hearing, the IHC CJ inquired about the status of land that serves no purpose or is of no benefit to anyone.
The AAG responded that it was up to the executive to decide.
However, Justice Minallah countered that the law, not the executive, should determine this.
As IHC gives orders to seal Monal restaurant, the Environment Protection Agency was also directed by the high court to prepare a report on the harm caused by unauthorised buildings in the national park.
