IHC prohibits constructions in Margalla Hills National Park
The IHC prohibits Margalla Hills Park. IHC has declared the Margalla Hills National Park off-limits to all building types (MHNP).
The court stated that the chairman of the Capital Development Authority (CDA) and the Islamabad Wildlife Management Board (IWFMB) would be held accountable for any construction in the MHNP.
During the hearing, the lawyer for Monal Restaurant stated that the hotel was built without the approval of the CDA and that they were now being evicted.
He claimed that the Remount Veterinary and Farms Directorate (RVFD) and the CDA were attempting to collect rent.
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He stated that they had filed a civil court case opposing their eviction from the location.
Athar Minallah, Chief Justice of the International Human Rights Court, noted that the hotel management signed the lease agreement with an organisation that did not own the site.
“Would you accept if the high court registrar gave you land in a national park?” the court inquired of the petitioner’s attorney.
Nobody has the right to take ownership of state land, the IHC court stated.
He inquired about the directorate’s legal authority to claim custody of state territory or manage any land within a national park.
The chief justice of the IHC stated that the RVFD’s allegation was a breach of the constitution.
The bench stated that it might direct the directorate to submit the rent obtained from the Monal Hotel in the rent and that if the directorate fails to satisfy the court regarding the lease agreement, the trial could begin.
In the judgment, the court stated that the hotel entered into a new deal with the directorate following the expiration of its 15-year lease on August 31, 2021.
Chief Justice Athar Minallah of the IHC stated that the restaurant’s attorney could not convince the court that the contract was legally enforceable.
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According to the court, the directorate cannot claim possession of land according to Article 173 or the military land manual, nor can it lease it.
Similarly, the court stated that the CDA was not permitted to lease any land within the national park or permit development.
According to the IHC chairman, a case involving the leasing of the linked property is already pending adjudication, and the Supreme Court has previously declared that no illegal activity or construction is permitted inside the jurisdiction of a national park.
The bench directed the interior secretary, the CDA, and the IWMB to send representatives to the next hearing to clarify the lease arrangement’s authority.
Additionally, the court asked the civic authority and IWMB to notify the court of any illegal projects within the MHNP’s jurisdiction.
CDA lawyer Hafiz Irfan stated that the directorate seeks possession of the hotel’s land and 8,400 acres of Margalla Hills land.
He stated that the CDA granted the restaurant a 15-year lease, but the eatery just began paying rent to the directorate in 2016.
At this point, the hotel’s counsel stated that the decision was made by the federal government and was also approved by the CDA.
The IHC chief justice stated that the elite ruined the national park and inquired whether there was any law in place. IHC has declared the Margalla Hills National Park off-limits to all building types (MHNP).
He noted that the RVFD lacks the authority to enter into lease agreements with third parties. Additionally, the court set November 9 for the hearing of all matters involving the MHNP.
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