The attorney-general said that the transfer of the land has not taken place. The court remarked that commercial activities on the land of the Islamabad Hills National Park can’t be allowed at any cost. The judge said the concerns of the defence secretary should also be heard and the law should be strictly implemented. Justice Minallah said rules applied to the three wings of the armed forces and asked whether they were being implemented. The judge said the court will protect the wider public interest. The question arose when Monal Group of Companies pleaded that before the expiry of its lease agreement with the Capital Development Authority on Aug 31, 2021, the company had entered into a fresh agreement with Remount.The climate change secretary, who was present during the hearing, called for Islamabad’s master plan to be made public. In the same month, the court had also asked the attorney general for Pakistan to explain if Messers Remount, the veterinary and farms directorate of the General Headquarters, could legally own or manage state land within the protected area of the national park. The court had also ordered a survey to be carried out on the damage and a report to be submitted. The petition had contended that the Monal Group of Companies employed 650 individuals and as a result of the high court order, the employees and their families were suffering.Įarlier on November 9, the IHC had blamed several authorities for being complacent about the destruction of Margalla Hills National Park and the wildlife sanctuary. In its petition, the restaurant had pleaded before the apex court that the high court, while exercising suo motu powers, had ordered the Capital Development Authority chairman and the IWMB to take over the possession of the restaurant and seal the premises when none of the parties had sought such a direction thus seriously prejudicing the fundamental rights of the petitioner. The court then issued directions to the authorities to de-seal the restaurant. Justice Naqvi resented the action against Monal Restaurant and asked: "Is it a monarchy that the emperor issued the decree and it was implemented before it was signed?" "Gloria Jeans Cafe and La Montana have been issued notices so far," the lawyer said. The judge asked the IWMB lawyer about the number of restaurants sealed by his board. "However, this was not the case with the Monal Restaurant." Justice Ahsan said other restaurants had apparently been served a notice before being sealed. "Principally there is no order of the IHC available for sealing the restaurant, while verbal orders have no legal or constitutional standing," Justice Mazahir Naqvi, another judge on the bench, said. "The Islamabad Wild Life Management Board (IWMB), which sealed the restaurant, was not even a party to the case," Justice Ahsan pointed out. The top court questioned how the restaurant could be sealed before issuance of the written orders from the court. He said an intra-court appeal had been fixed, but the case was dismissed before hearing. In response, the counsel of the restaurant, Makhdom Ali Khan, stated that a certified copy of the IHC's brief order was available with him. The Monal Group of Companies had subsequently challenged the IHC verdict in the top court, urging it to revoke the high court orders.Īt the hearing today, Justice Ahsan questioned whether the IHC had issued a signed order to seal the restaurant. The court had also declared the military’s claim to 8,000 acres of Margalla Hills National Park illegal. The IHC had on Jan 11 ordered capital authorities to seal Monal Restaurant and take control of the Margalla Greens Golf Club built on encroached land. The apex court order was issued by a three-member bench headed by Justice Ijazul Ahsan. The Supreme Court on Tuesday ordered the de-sealing of Islamabad's Monal Restaurant, suspending the January 11 Islamabad High Court order of sealing and taking over possession of the restaurant situated in the picturesque Margalla Hills.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |