Chief Justice Isa Authored Detailed Judgment Rejecting Claim to Margalla National Park Land, Emphasizes Protection for Future Generations
Supreme Court Rejects Military Claim to Margalla National Park Land, Chief Justice Isa Emphasizes Protection
ISLAMABAD: The Supreme Court of Pakistan has decisively dismissed the military’s claim over the ownership of Margalla National Park land, reinforcing the park’s protected status. The ruling comes in the wake of previous judgments and claims made by various parties regarding the land’s use and ownership.
In January 2022, former Islamabad High Court Chief Justice Athar Minallah had already ruled that the claim by the Remount, Veterinary, and Farms Directorate (RV&FD) of the Pakistan Army to 8,068 acres within the national park’s boundaries violated both the Ordinance of 1979 and the Ordinance of 1960, as well as the Master Plan for the park.
Chief Justice of Pakistan (CJP) Qazi Faez Isa authored a comprehensive 25-page judgment rejecting the RV&FD’s claim, emphasizing the necessity of protecting the park for future generations. The judgment highlights that the RV&FD Directorate, which is not recognized as a legal entity, improperly bypassed government procedures and attempted to assert control over the park’s land.
The detailed ruling outlined that the RV&FD Directorate’s assertion of rights over the land, based on a 1910 notification, was unfounded. The notification indicated that the land had been utilized by the Military Farm Rawalpindi for producing fodder for army animals. However, the court noted that such historical permissions did not confer ownership rights.
The judgment also criticized Major General Muhammad Samrez Salik, the then Director-General of the RV&FD, for his involvement in granting a 17-year lease to Luqman Ali Afzal, the owner of the Monal restaurant. According to the judgment, this lease was invalid as it was executed without proper authorization and in disregard of existing legal frameworks.
CJP Isa’s judgment underscored that the federal government had correctly disavowed the RV&FD lease as void ab initio (from the beginning) and stated that there was no official record showing approval of the lease by the federal government. Despite this, Afzal continued to assert rights over the land, showcasing a blatant disregard for the legal process.
The judgment criticized Afzal for his audacity in unilaterally disregarding his original lease with the Capital Development Authority (CDA) and seeking an alternative lease from the RV&FD. Afzal’s actions, which included stopping rent payments to the CDA while still retaining possession of the property, were described as an egregious breach of law.
CJP Isa also condemned the broader implications of such actions, linking them to corruption and nepotism. He suggested that Afzal, through his connections and the influence of his brother in bureaucracy, might have believed he was above the law. The judgment highlighted that such practices undermined the National Park’s protected status and contributed to its degradation.
The court also noted the ongoing environmental issues within the park, including frequent fires. These fires, exacerbated by the presence of popular establishments like Monal, La Montana, and Gloria Jeans, have been attributed to careless actions by visitors, such as discarding lit matches or cigarettes. The park’s fires require significant resources to control, underscoring the environmental risks associated with encroachments and mismanagement.
Furthermore, the judgment addressed concerns about other establishments, like La Montana and Gloria Jeans, operated by individuals with political connections. Dr. Muhammad Amjad, associated with these establishments, was noted to have connections with General Pervez Musharraf, raising questions about the role of political influence in land allocation and development.
CJP Isa’s judgment concludes with a strong message about the importance of preserving national assets. He emphasized that the Margalla National Park is a vital part of Pakistan’s environmental and ecological heritage, crucial for combating issues like greenhouse gas emissions, deforestation, and climate change. The judgment calls for strict adherence to laws and regulations to protect public lands from private interests and corruption.