ISLAMABAD: Attorney General for Pakistan (AGP) Mansoor Usman Awan on Thursday conceded as void before the Supreme Court that the Sept 30, 2019 fifteen years lease agreement between the Monal Group of Companies and the Remount Veterinary and Farms Directorate (RVFD) — a wing under the Military Estate Officer (MEO) — since the directorate was not a legal entity.

Perched atop picturesque Margalla Hills, the Monal Group runs a popular eatery ‘Monal Restaurant’ whereas the RVFD claims to have possession of over 8,600 acres of military grasslands in the mountains.

Led by Chief Justice Qazi Faez Isa, a three-judge bench that had taken up the appeal against Jan 11, 2022 Islamabad High Court (IHC) judgement of sealing and taking over the possession of the restaurant.

The AGP told the court that without the authorisation of the federal government, the RVFD should not have signed the agreement with the restaurant. He said he advised the MEO that the ownership of the military grasslands was with the federal government.

Court concerned over increase in commercial activities inside national park

Agreement not produced

However, the purported agreement between the restaurant and RVFD could not be brought before the court despite a clear direction at the last hearing on March 11. Consequently, the court provided the opportunity to produce the agreement within one week along with other documents.

The AGP stated that such an agreement could not have been executed in view of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979 and Section 21(3)(4) of the ordinance.

‘Under duress’

During the hearing, senior counsel Makhdoom Ali Khan representing the Monal group conceded that his client had signed the agreement under duress to protect its interest and the group paid monthly rent to both the Capital Development Authority (CDA) and RVFD to the tune of Rs897,000 and Rs1.65 million respectively for a year.

The counsel explained that the agreement with the CDA was signed on March 10, 2006, for 15 years which had to be renewed further but RVFD started demanding and compelling the group to sign the agreement with them, which the group executed since the CDA was not responding to the letters written by his client.

The counsel regretted that his client was being singled out as a similar lease agreement with almost 32 other restaurants in the park was also signed.

The Supreme Court ordered the CDA to furnish a complete list of leases inside the national park area.

The authority will also provide respective dates of agreements, monthly or annual rent, and duration of agreement along with copies of tenancy/lease agreements within a week.

After the receipt of the reply, the court office will then issue notices to the respective tenets as any order passed by the court may affect their interest.

Commercial use not permissible

While citing Regulation 4(3) of the Islamabad Capital Territory Zoning Regulations 1992, the AGP explained that except for the projects meant to preserve and conserve the national park area, no other land use inside the area was permissible.

While referring to the presence of a large number of restaurants, CJP observed that the national park area could be reduced to ashes with just a flame.

Advocate Umer Gillani representing the Islamabad Wildlife Management Board (IWMB) argued that the restaurant and other commercial activities conducted inside the national park area violated Section 21 of the wildlife ordinance.

The counsel argued that the CDA had assumed all the regulatory power regarding the national park when under the ordinance, the park had to be managed by IWMB.

Meanwhile, the court allowed an application moved by the WWF through its director general Hammad Naqi Khan to become a party in the case.

The WWF also filed pictures showing land use change over the years. In 2005, 2010, 2015 and 2020, an increase in encroachment and deforestation was witnessed.

Meanwhile, Advocate Arfat Ahmed representing the CDA contended the authority spends more in the national park than it earns in revenue.

The CDA was also ordered to furnish a reply showing expenditures, like employing fire personnel etc.

The CDA will also file a report regarding the survey being conducted by the Survey of Pakistan to demarcate the national park area.

This court is concerned with the degradation, deforestation, and pollution resulting due to not preserving and conserving the national park area, the order said, adding it was concerned with the fact that commercial activity in the park increased over the years.

Published in Dawn, March 22nd, 2024