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Supreme Court of Pakistan Orders Demolition of Illegal Structures in Margalla Hills National Park, Enforces Strict Environmental Protections

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Supreme Court of Pakistan Orders Demolition of Illegal Structures in Margalla Hills National Park, Enforces Strict Environmental Protections

Islamabad 01-11-2024: In a landmark decision, the Supreme Court of Pakistan reaffirmed its commitment to environmental protection by ordering the demolition of unauthorized structures within Margalla Hills National Park. The judgment, authored by Mr. Chief Justice Qazi Faez Isa, addresses not only the specific illegal constructions but also emphasizes broader legal principles to safeguard Pakistan’s protected areas.

The Court upheld the demolition of restaurants, including Monal, La Montana, and Gloria Jeans, located within Margalla Hills. According to the Capital Development Authority’s (CDA) report, the structures were dismantled following a previous Court order, ensuring that the area remains compliant with Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979 and Islamabad Nature Conservation and Wildlife Management Act, 2023.

The judgment addressed allegations of bypassing competitive bidding in awarding the demolition contract. The Supreme Court confirmed that due process was followed, with bids solicited transparently under the Public Procurement Regulatory Authority Ordinance, 2002, underscoring the Court’s stance on accountability in public contracts.

The judgment reaffirms that all Courts in Pakistan are bound by Supreme Court decisions, referencing Articles 189 and 190 of the Constitution of Pakistan. It criticized a Senior Civil Judge’s restraining order that contradicted the Supreme Court’s demolition order, stating that lower Courts must comply with higher Court directives.

Highlighting judicial integrity, the Supreme Court referred the conduct of the Senior Civil Judge to the Islamabad High Court for review under Article 203 of the Constitution, stressing that judicial officers must not obstruct Supreme Court orders.

The judgment addressed land-use restrictions in Khyber Pakhtunkhwa’s National Park and guzara forests, strictly enforcing limitations on construction under the Khyber Pakhtunkhwa Forest Ordinance, 2002 and Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016.

Addressing a separate application, the Court directed CDA and the Islamabad Chief Commissioner to investigate alleged unauthorized construction by Northridge Housing Society in Zone-III, where building is prohibited under environmental laws.

The Supreme Court reiterated the constitutional importance of preserving national parks and protected forests, warning that unauthorized development undermines Pakistan’s environmental commitments. The judgment calls for rigorous enforcement of conservation laws across relevant jurisdictions, serving as a precedent for future cases involving protected areas.

This decision reinforces Pakistan’s legal framework for environmental protection, setting a high bar for judicial accountability and affirming that public authorities must adhere to procurement and environmental laws in their operations.