ISLAMABAD: Capital Development Authority (CDA) Chairman Maroof Afzal was summoned by the Supreme Court on Monday and told to take action against his officers who failed to implement its orders to protect the ecology of the Margalla Hills National Park area.

“Take action yourself, instead of we doing that,” the bench said.

“It is a national asset and a public trust which we need to protect for the posterity,” observed Justice Jawwad S. Khawaja, who heads a three-judge bench of the court, while hearing a contempt petition moved by citizens that the CDA failed to implement the order the bench had issued in October 2013.

That order was passed on the citizens’ concerns over quarrying in the protected Margalla Hills and plans to build a tunnel through the hills for an expressway to connect the federal capital territory with the Haripur district on the other side.

It had held that Section 21 of the Islamabad Wildlife (Protection, Conservation and Management) Ordinance 1979 prohibits such activities as tunneling and quarrying for crushing stones in the Margalla Hills.

“We are surprised to learn that quarrying is still going on within the protected Margalla Hills National Park,” the court observed.

It found the response of Director General Environment CDA, Dr Shoaib Suleman, “strange” and intended to set up a commission, comprising CDA’s senior counsel and officials, to check if any activity contrary to the law was going on in the area.

At that the CDA officials admitted that quarrying was taking place there.

Dr Suleman conceded that the Mining Department of the civic body had issued no objection certificates to certain stone crushing factories in the national park and land was leased out to them by the Industries Department. However, he said, the CDA cancelled their NOC in 2013.

Likewise Member Environment CDA Mustafain Kazmi admitted negligence on part of the CDA for ignoring the earlier Supreme Court directions.

Justice Khawaja did not find their explanations tenable as, he noted, no functionary of the CDA can override the statutory provisions or directions of the court. It was then that the CDA chairman was summoned to explain in person why no action could be taken against the offenders despite the lapse of 16 months after the Oct 2013 order.

“CDA is digging themselves in a hole,” said Justice Khawaja, stressing initiating criminal offence against the officers accused of misstatement before the court.

CDA Chairman Maroof Afzal was then asked to submit a comprehensive report about the violations of the ordinance as well as its past directions; and name the delinquent officers so that, if necessary, appropriate proceedings could be initiated against them.

In this connection, the bench also referred to the April 27, 1980 notification which defines the length and breadth of the national park area.

Lands so defined include the villages of Mangial, Malach, Dakhli, Phulgran, Subhan, Mandla, Jhang Baghial, Malpur (Bijran), Rumli, Narias, Fadoh Dakhli, Noorpur Shahan, Ratta Hottar, Saidpur, Dhok Jiwan, Gandiar, Kalinjar, Saniari; and areas bounded by Shahrah-i-Kashmir in the north, Shahrah-i-Islamabad in the west, Murree Road in the south and east upto its jurisdiction with Shahrah-i-Kashmir.

Rawal Dam and the area within two kilometres from the highest water mark of its lake also form part of the national park.

The case will again be taken up on Wednesday.

Published in Dawn, March 17th, 2015

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