Supreme Court Orders Demolition of Illegal Restaurants in Margalla Hills National Park
Islamabad 22-08-2024: In a landmark ruling, the Supreme Court of Pakistan has ordered the immediate demolition of several illegal restaurants, including the famous Monal Restaurant, La Montana, and Gloria Jeans, situated within the Margalla Hills National Park. The judgment, delivered by a bench headed by Mr. Chief Justice Qazi Faez Isa, emphasized the strict enforcement of environmental laws and the protection of public lands from unauthorized commercial exploitation.
The case, which revolved around the unlawful construction and operation of these establishments in a designated national park, highlighted serious violations of the Islamabad Wildlife (Protection, Preservation, Conservation, and Management) Ordinance, 1979, the Pakistan Environmental Protection Act, 1997, and the Islamabad (Preservation of Landscape) Ordinance, 1966. The Court noted that these activities not only disrupted the ecological balance of the park but also breached the fundamental rights of the citizens to a healthy environment, as guaranteed under Article 9 of the Constitution.
The judgment further criticized the Capital Development Authority (CDA) and the Remount, Veterinary and Farms Directorate of the Pakistan Army for their roles in leasing out land within the national park, declaring these leases void ab initio. The Court underscored that the Directorate had no legal authority to lease the land, making the agreements with Monal Restaurant illegal from the outset.
In a strong rebuke, the Court also ordered the CDA and the Islamabad Capital Territory Police to fully cooperate with the Islamabad Wildlife Management Board (IWMB) in the demolition and restoration process. The Court stressed that the land must be returned to its natural state with minimal environmental disturbance, and any debris from the demolished structures should be disposed of properly, outside the national park’s precincts.
The ruling also touched on the broader implications of environmental stewardship, calling on state institutions to prioritize the protection of public lands and to enforce environmental laws without fear or favor. Mr. Chief Justice Qazi Faez Isa reiterated that the judiciary would not tolerate any encroachment on protected lands, whether by private entities or government bodies, and emphasized the need for compliance with both domestic environmental laws and international treaties to which Pakistan is a signatory.
This judgment is a significant step towards the preservation of the Margalla Hills National Park and serves as a stern warning against the misuse of public lands for private gain. It also reaffirms the role of the judiciary in safeguarding the environmental rights of the citizens and upholding the rule of law in Pakistan. The Supreme Court has set a deadline of September 11, 2024, for the complete removal of the illegal structures, signaling a new era of environmental enforcement in the country.
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