In a ruling that has set a new precedent for the Supreme Court’s green agenda, Chief Justice Qazi Faez Isa has ordered a shutdown of all restaurants, including the popular Monal Restaurant, on the national parkland of Margalla Hills. The move follows worries over unlawful construction, and a broader-purpose mandate to limit encroachment on earmarked protected land.

Background of the Margalla Hills

Margalla Hills, a verdant area located on the outskirts of Islamabad, is a vital ecological zone and a popular recreational playground for Islamabad’s picnickers and trekkers: Margalla Hills National Park (MHNP), part of greater Margalla Hills.Margalla Hills national park was established in order to protect the natural landscape and wildlife of Margalla Hills. The park also represents Islamabad’s environmental legacy, which contributes to the beauty of the capital city.

The Monal Restaurant and Other Establishments

Monal Restaurant, too, has built on the hills and offers the best views over Islamabad, along with several other shops that now operate several kilometres away near Margalla Hills. A sign near the entrance of Islamabad Oasis, one of several attractions, warns against damaging the trees or digging in the landscape, but a couple sitting in a gazebo is digging soil and a man, not far away, has obviously cut open the trunk of a tree. As Monal, and earlier Shahi Retreat built on the hills in 1987 – Pakistan’s first continental restaurant – others have followed to capitalise on the natural beauty and footfall of visitors. Today, Margalla Hills National Park hosts five five-star hotels and 26 other lodging and recreational attractions. Visitors to the national park do not want, or are unable to shoulder, the responsibilities for maintaining the forest monkey and the water flows The establishment of such facilities directly challenges the regulations that are supposed to maintain the park in its national status.

Legal Context

Pursuant to these regulations, the management of national parks in Pakistan is governed, to some extent, by the cardinal principle of maintaining their natural state. Any construction or commercial activity on park land requires prior sanction to ensure that it doesn’t hurt the environment. Margalla Hills National Park, being close to the capital, has been more prone to such litigations, with environmentalists demanding better compliance of environmental laws by the authorities.

Supreme Court’s Ruling

Its judgment, led by the chief justice Qazi Faez Isa, calls for immediate cessation of operations of Monal Restaurant and the businesses at the park boundaries that are owned by the authority until they are taken off the park land. The court had noted that such construction were illegal and had to be shut down to protect the environment.

Reasons for the Shutdown

The rationale behind the ruling was this act of encroachment was build on protected land which acts as an ecosystem and if lines are crossed by developers it has the potential to cause long term environmental damage. The judgment is firm on encroachments and a stern lesson for any future development without following environmental regulations properly.

Chief Justice Qazi Faez Isa’s Perspective

Connearing’s case captured the zeal of one of Pakistan’s leading human rights judges, Chief Justice Qazi Faez Isa, whose strict focus on legalities resulted in a severe sentence. ‘The sanctity of national parks is essential,’ he said during the ruling. ‘How is it possible that constructions are permitted by different governmental bodies in the national parks?’ The central argument of the judgment he presided over was unequivocal: ‘[T]hey [the authorities] cannot dodge their responsibilities by using the excuse of “era we live in”.’ From the bench, he positioned himself along the lines of not only the rule of law, but also of environmental conservation as it pertain to national parks. At a time in the region when democratic space has shrunk, it is noteworthy that Pakistan’s highest court stands out as one that has championed environmental conservation using straight argument.

Implications for the Capital Development Authority (CDA)

The Capital Development Authority (CDA) has been asked to map the land’s utilisation and verify it — as instructed by the court, if there are any illegal constructions within the national park boundaries, the CDA has to make sure they are removed and no more encroachments are allowed, thus strengthening the role of CDA in conservation of the park’s environment.

Impact on Restaurants and Businesses

The impact of the Supreme Court’s ruling is immediate. Restaurants and shops on Margalla Hills will be shut down, and businesses such as Monal Restaurant could be forced to close. Staff will also lose their jobs. In the long run, the ruling could deter new establishments from setting up on protected land. Management of these areas would need to be greener and more sustainable.

Public Reaction

The court’s judgment has sparked a mixed response from the public, with some environmental activists and conservationists viewing it as a landmark judgment in the efforts to protect the Margalla Hills. On the other hand, some in the community and business owners fear the economic impact and revenue losses from these closures.

Legal and Environmental Significance

This ruling strikes a double blow against illegal construction. But more importantly, it establishes a robust legal precedent for environmental conservation in Pakistan. By empowering the rules and laws that protect national parks, the Supreme Court’s decision may encourage more stringent enforcement of and expanded legal protections for other heritage zones in Pakistan.

Future of Margalla Hills

Whoever needs to live on these hills needs to be responsible about preserving what is left of Margalla’s original character. The future of Margalla Hills depends on its conservation and its responsible management. The judgment of the Supreme Court clears the path for increased protection of this national treasure. It is anticipated that the government and civil society will have an important role to play in the future of this mountain range situated at the doorstep of the federal capital. Now the job of restoring its natural environment and preventing further encroachments should begin.

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Broader Crackdown on Encroachments

Margalla Hills represents the first step in a wider effort to target encroachment in PAs. These steps include reviewing the land use status of all PAs, strict implementation of laws on penalising encroachments, with an outright demolition of major unauthorised constructions as a likely next step, and development of a mechanism to identify, map and verify further encroachments.

The Court’s Exploration of Its Own Premises

In a remarkable framing coincidence, the Supreme Court itself used the hearings to determine whether its buildings fell under the park boundary. In doing so the court looked first to its own integrity. The Chief Justice would not allow pandering to any special case, but instead surveilled its habitat, determined as ever to follow the letter of the law, even when it applied to its own residence.

Conclusion

Shutting down Monal, a popular restaurant that had a footprint of more than a kilometre on Margalla Hills, is just the beginning of what Pakistan might soon see. With the Supreme Court ruling, chaired by the chief justice Qazi Faez Isa, this is a watershed moment in Pakistan’s conservation efforts. It sets a precedent for better enforcement of environmental regulations, which saw a decline for many years. Now the regional Capital Development Authority has ordered more than 500 buildings near Islamabad to be destroyed to make way for a green belt. In a similar vein, there is a renewed commitment to ‘sustainable development’. This includes government directives on preserving green spaces in urban and semiurban areas, and banning the use of disposable plastic and drinking water bottles. If enforced, it could have substantial benefits.

Source:

https://propakistani.pk