ISLAMABAD: The Islamabad High Court (IHC) has stopped construction of a wall around the Defence Complex, also known as the New General Headquarters, and ordered that action be taken against any illegal activity or construction undertaken on state land.

While hearing a petition filed by an affected villager on Thursday, IHC Chief Justice Athar Minallah also ordered the CDA to make sure that the Defence Complex is constructed in accordance with the approved plan.

The petitioner — a resident of Bairi Meera village, which falls within the notified area of the Margalla Hills National Park — has challenged the alleged illegal encroachment of the Quarter Master General (QMG) upon land around the Defence Complex in Sector E-10.

The petition asserts that a specified area was allotted by the CDA under the Capital Deve­lopment Authority Ordinance, 1960 for establishing the Defence Complex in Sector E-10.

Admits for regular hearing petition filed against alleged encroachment upon state land

The petitioner has attached photographs to the petition in an effort to show that QMG illegally encroached upon an area of the national park by undertaking construction of a wall.

The wall is situated outside the area allotted for establishing the complex, according to the petitioner.

The high court noted that in identical petitions the Supreme Court — vide orders dated Oct 25, 2013 and March 16, March 18 and March 19, 2015 — explicitly held that no illegal activity or construction could be allowed within the notified areas of the national park.

Moreover, IHC judgement titled ‘Shahzada Sikandar Ul Mulk and four others v. Capital Development Authority’ was upheld by the Supreme Court wherein it was held that no activity or construction could be allowed in violation of the CDA Ordinance of 1960, the Islamabad Capital Territory (Zoning) Regulations, 1992, read with MLR 82, Islamabad Building Regulations, 1963, Islamabad Residential Sectors Zoning (Building Control) Regulation, 2005, the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979 and the Islamabad (Preservation of Landscape) Ordinance, 1966.

“It, prima facie, appears to the court that the Ministry of Defence through QMG has violated the aforementioned laws,” the court observed, adding that “in such an eventuality, the CDA and the federal government would be held liable for failing to fulfil their statutory and constitutional obligations”.

Justice Minallah warned that “such consequences, inter alia, entail criminal prosecution under Section 46 of the Ordinance of 1960 and disciplinary proceedings against officials found responsible for taking law into their own hands”.

The IHC chief justice noted that the questions raised in the petition were of paramount public importance and admitted it for regular hearing. He issued notices to the QMG, defence ministry and CDA.

The court also issued a directive for the secretary of the Ministry of Defence and the Quarter Master General of Pakistan Army to refrain “from undertaking any activity or purported construction outside the specified area allotted by the Authority for establishing the ‘Defence Complex’ in Sector E-10”.

“The Secretary, Ministry of Interior and Chairmen of Capital Development Authority and the Islamabad Wildlife Management Board shall forthwith jointly inspect the area and ensure that no activity whatsoever is undertaken or carried out by QMG outside the allotted land, particularly within the notified area of the Margalla Hills National Park,” said the court order.

Justice Minallah also directed the CDA chairman “to ensure that no construction or activity is allowed… in violation of the aforementioned laws/regulations and approved layout plan, etc”.

The secretary of the interior ministry and the CDA chairman were directed to submit their affidavits, confirming that no activity or construction has been or is being carried out in violation of the approvals granted under the aforementioned enforced laws/regulations.

Furthermore, the court directed that proceedings and actions be taken against any illegal activity or construction undertaken by the QMG.

The IHC chief justice added that “in case the aforementioned laws/regulations have been violated, then the secretaries of the Ministry of Defence, Ministry of Interior and the chairman of the Capital Development Authority are directed to appear before the Court to explain why proceedings may not be… initiated against officials responsible for taking the law into their own hands or facilitating illegalities/encroachments in the protected notified area of Margalla Hills National Park”.

Further hearing in the case was adjourned till Dec 28.

Published in Dawn, December 24th, 2021