The federal authorities has determined to problem the Islamabad High Court’s (IHC) choice that declared the allotment of practically 8,068 acres of land to the army in Islamabad’s National Park space towards the regulation.
Sources within the Attorney General (AGP) workplace of Pakistan have disclosed this. The Express Tribune Additional Attorney General Qasim Wadood has been directed to file an intra-court attraction (ICA) towards the choice of IHC Chief Justice Athar Minallah.
Sources stated Attorney General Khalid Javed Khan expressed his incapacity to symbolize the ministry involved. It can also be discovered that the AGP workplace has approved the aggrieved departments to nominate non-public consultants with out cost.
The Islamabad Wildlife Management Board (IWMB) has requested the Pakistan Navy to implement the IHC’s choice by Friday. On the opposite hand, the Pakistan Navy has sought time until the decision on the ICA is pronounced.
“You are requested to make sure compliance of the order handed by IHC by eradicating all fences, partitions, any tools and so on. within the space in order that the land belonging to Margala Hills National Park will be vacated in order that the world will be restored by IWMB. Its pure situation,” stated the letter to the Pakistani Navy.
It can also be discovered that the AAGP on behalf of the federal government will even strategy the ICA towards the January 7 choice relating to the demolition of the Pakistan Navy Club.
“The claim of the Pakistan Army’s Directorate of Remount, Veterinary and Farms, about 8,068 acres of land in the notified national park area, is in violation of the 1979 Ordinance and the 1960 Ordinance and Master Plan,” the 11-page choice of IHC CJ Written by Athar Minallah.
“This claim is also not in consonance with the applicable laws on the management of land for the use of the armed forces. The federal government was deprived of the jurisdiction to allow the Directorate to make use of 8,068 acres of land in the notified national park area,” the choice stated. “The Directorate does not have the right nor the right to own, use or occupy any land within the notified National Park area.”
The order acknowledged that the Directorate of Remount, Veterinary and Farms had no jurisdiction or authority to execute the stated settlement with Monal Restaurant as on September 30, 2019. “The rent collected by the Directorate from Monal Restaurant was also without valid jurisdiction and jurisdiction.” The Defense Secretary shall make sure that the hire acquired by the Directorate is recovered inside 60 days from the date of the order and deposited within the treasury. ,
Read additionally: Allotment of 8,068 acres of land to Army in National Park area ‘against law’
The courtroom stated that the lease settlement of Monal Restaurant with the Capital Development Authority (CDA) has expired and its settlement with the Directorate of Remount, Veterinary and Farms on September 30, 2019, was void and with none authorized impact. The courtroom stated that the CDA and the Islamabad Wildlife Management Board will instantly take possession of the Monal restaurant after which seal its premises topic to the proprietor/administration being allowed to evict its property.
The order stated that the CDA chairman will conduct an inquiry to determine the officers accountable for the development of Monal restaurant and different buildings within the protected space of the nationwide park in contravention of the Act of 1997, the Ordinance of 1960, the Ordinance of 1966. Rules made beneath 1979 and associated statutes.
After this the board of authority will take motion towards the officers as per regulation. “The Secretary of the Ministry of Climate Change and the Director General of the Environmental Protection Agency will jointly survey the Monal restaurant and other buildings constructed in the area to assess the damage done to the environment and then take such measures and actions as may be necessary to avoid further environmental degradation.”
The courtroom additionally famous that the Pakistan Navy has encroached upon the state’s land, together with the notified space of the nationwide park, by organising a golf course outdoors the unauthorized and illegally allotted Sector E-8.
“Building on the encroached land and organising a golf course with out lawful authority and jurisdiction was and continues to be unlawful.
“The alleged Navy Golf Course shall be immediately sealed and its possession handed over to the Capital Development Authority and Islamabad Wildlife Management Board. The construction on the encroached land of the Navy Golf Course shall be demolished within four weeks from the date of the order. Unless It cannot be used for an eco-friendly activity.” It stated that the CDA and the Islamabad Wildlife Management Board will collectively restore the encroached land of the Navy Golf Course as a part of the National Park.
“The Ministry of Defense will conduct an inquiry and fix the responsibility of the officers/persons involved in the encroachment and encroachment on State lands for unauthorized and illegal establishment of Naval Golf Courses.” “The Ministry of Defense, through the Auditor General of Pakistan, shall conduct a forensic audit to ascertain the damage caused to the exchequer and the same shall be recovered from the officers/persons found responsible,” the order stated.
It stated the fee’s report and suggestions, which kind an integral a part of the choice, can be instantly examined by the Secretary, Ministry of Climate Change.
The courtroom additionally famous that the fee headed by Dr Pervez Hasan was transformed into an implementation fee.
The Secretary, Ministry of Climate Change will coordinate with the Chairman of the Implementation Commission. The suggestions, after deliberation, shall be positioned earlier than the Union Government i.e. the Prime Minister and members of the Cabinet for approval. “The status and particular standing of the Armed Forces are of paramount significance to the folks of Pakistan. The Secretary of Defense and the Chairman of the Capital Development Authority shall make sure that no disputes come up sooner or later relating to non-implementation of relevant legal guidelines inside the three nations. space allotted for
Armed Forces Branches within the Islamabad Capital Region,” the order stated.
The order additional states that the officers shall submit their respective compliance experiences to the Registrar of the courtroom inside 30 days from the date of the order. The order states that biodiversity, ecosystems and pure habitats possess life and thus dwelling organisms.
“Life, whether or not that of human beings or different dwelling beings, is dependent upon the existence of biodiversity, ecosystems and pure habitats. The safety of ecosystems and pure habitats is inextricably linked with the best to life assured beneath Article 9 of the Constitution. “Protection of ecosystems and pure habitat is a constitutional obligation of the State, its establishments and each public functionary.