ISLAMABAD: A private establishment on Saturday filed a petition with the Supreme Court seeking a review to its June 11, 2024 order in which the court declared all leases and allotments inside the Margalla Hills National Park (MHNP) contrary to the provisions of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.
The petition has been filed by Messers Sunshine Heights through its counsel Barrister Khurram Raza, pleading that the June 11 order be recalled to the extent of allotment of plot to the petitioner in the interest of justice.
The Supreme Court on March 21 had ordered the Capital Development Authority (CDA) to file a list of leases it had granted in the MHNP. The apex court’s office issued notice to the petitioner on April 22, 2024 and then passed an order on June 11, 2024 declaring all such leases and allotments against the Islamabad wildlife ordinance.
As per master plan for Zone III, plot allotted to petitioner was reserved for restaurant, says petition
The petition stated that as per the master plan for Zone III, which was prepared and approved by the CDA Planning Directorate on May 21, 1983, the plot allotted to the petitioner was reserved for a restaurant.
The petitioner was allotted the plot at Daman-i-Koh through prequalification auction on July 4, 1996 for a term of 33 years which was extendable for two further 33 years each. The plot was allotted to develop a resort/restaurant at a total cost of Rs1.6 million out of which 25pc was paid at the time of the issuance of the allotment letter. The balance of Rs1.2 million was paid in four quarterly installments.
The petitioner was required to develop a formal indoor restaurant and an outdoor dining place with terraced patios, a conference hall with suitable accommodation for delegates, a video arcade, a children’s play area, recreational and sports activities and rain and sunshine shelter along with other similar facilities.
“But the CDA without affording any opportunity of hearing withdrew the allotment of the land,” the petition stated, adding the matter ended up before Lahore High Court (LHC) Rawalpindi bench, which ordered the authority to restore the allotment.
The CDA restored the allotment on July 9, 2005 but modified certain conditions. The conditions imposed by the CDA were challenged in Islamabad High Court (IHC), which was allowed.
Consequently, the CDA challenged the high court order in the Supreme Court, but the same was withdrawn on Jan 26, 2012. As a result, “the allotment of the plot attained finality and became past and closed transaction.”
The petition said on July 27, 2018, the CDA approved the project furnished by the petitioner, but directed to seek a no-objection certificate from Pakistan Environment Protection Agency (Pak-EPA).
The petition pleaded before the Supreme Court to revisit its June 11, 2024 order passed in the Monal case to the extent of allotment of the plot to the petitioner.
Published in Dawn, August 18th, 2024
