ISLAMABAD: The Supreme Court has lifted its ban on quarrying and stone crushing in the Margalla range, but only to the extent of areas falling in Punjab. The ban, announced in June, remains in force in the Margalla Hills National Park area and the 1,000-yard wide buffer zone around it.

A two-judge bench of the court, holding suo motu proceedings on the issue, took the decision on Wednesday after officials of the federal and Punjab governments told it that though the activities had visibly altered the topography of the park area, the limestone and rocks mined in the Margalla and Sargodha hills meet the international standards for building materials used in mega projects like the China-Pakistan Economic Corridor.

Chief Justice Anwar Zaheer Jamali, who heads the bench, observed that the purpose of instituting suo motu proceedings was not to impede mega projects that serve national interest, or to deprive people of their jobs, but to ensure that standards for preserving the environment and natural habitat be followed at all cost.

The bench modified its June 3 ban, allowing blasting, mining, quarrying and rock crushing in the 53 blocks the Punjab government has earmarked in the two ranges.

However, it asked the Punjab mines and minerals department to ensure that no illegal mining or rock excavation was allowed in the garb of stay orders by those whose lease had been expired.

Additional Attorney General Muhammad Waqar Rana conceded in a report he submitted to the bench that the Space and Upper Atmospheric Research Commission had noted by comparing the satellite images of the area from 2013 to 2016 that quarrying and stone crushing activities had visibly altered the topography of the protected Margalla Hill National Park area.

Assistant Advocate General Punjab Mudassir Khalid Abbasi also submitted a report to the bench which stated that the provincial government decided to auction mining rights in limestone blocks in Tehsil Taxila and Rawalpindi district, in the wake of shortage, scarcity of building materials for mega projects.

Chief Minister Punjab Shahbaz Sharif held a meeting with the ministers of law and mines and minerals department, relevant secretaries and the commissioner Rawalpindi which took the decision on August 5, 2015. These 53 blocks, together covering 850 acres, fell in Tehsil Taxila and District Rawalpindi but outside the buffer zone around the Margalla Hills National Park.

A Punjab cabinet committee was created under the provincial minister for mines and minerals to supervise the auction of limestone mining leases.

However, the Punjab government informed the court that the Punjab Mining Concession Rules 2002 did not give it the authority to regulate/seal/remove the stone crushers illegally installed in the park areas. Still it was trying to uproot illegal excavation from the part of Margalla Hills under its control.

Indeed, the provincial government sacrificed substantial revenue from 109 blocks of limestone that the zone covered of its territory.

Meanwhile, the Capital Development Authority (CDA) told the Supreme Court bench that it had cancelled the lease of Messers Fecto Cement and also filed Rs420 million case with a special magistrate for prosecuting the company for illegally operating at the Margalla Hills National Park. The case will be taken up on Aug 22.

The CDA said it had informed the chief inspector explosives, Rawalpindi, of the cancellation with the request to remove the explosives stored by the cement factory in the park area. A stay order in favour of the cement factory is pending in the Islamabad High Court.

Meanwhile, the CDA also removed five more stone crushing units working in Rawalpindi district area but very close to the park boundary.

Published in Dawn, August 4th, 2016