The Islamabad High Court (IHC) has ordered Islamabad Chief Commissioner Amer Ali Ahmed to seal Monal Restaurant and assume control of the Margalla Greens Golf Club built on encroached land, while declaring Pakistan Army’s claim to 8,000 acres of Margalla Hills National Park illegal.
The court issued the order during hearing of a case related to illegal encroachments in the Margalla Hills National Park.
During the hearing, IHC Chief Justice Athar Minallah issued some significant remarks about rule of law in the country.
Here are main takeaways from the court’s order.
1) Govt’s inaction
Justice Athar Minallah grilled the climate change secretary over the ministry’s failure to act against encroachment, asking him if his job was merely to plant trees. The judge said that it was surprising that the state’s land was encroached upon by private people and the government could do nothing.
2) Armed forces should stay away from controversy
Justice Athar Minallah pointed out that sectors of three armed forces’ wings have been formed, adding that the armed forced should not be controversial. The judge said that it was not in public interest if the institution gets caught in a controversy.
“No one can be allowed to even cut grass in the national park area,” Justice Minallah said, adding that no institution can have a property in its name. He went on to declare the 8,000 acres of military land as part of the national park.
3) Law determines ownership of land, not executive
When the additional attorney general said to the court that the executive has the authority to decide as to who would get a land which is not being used, Justice Athar Minallah negated his observation and said that the law gets to determine that, not the executive.
4) Armed forces ARE under Defence Ministry’s control
Justice Athar Minallah further said that the Pakistan Navy’s act of building a golf course on encroached land was not ‘a good thing’, adding that if they engage in encroaching, the armed forces will send out a wrong message. He then called for accountability and said that the government accepted that the golf course was illegal. The judge ordered the defence secretary to give the land of the golf course to the CDA.
