Case Details

Citation(s)
2025 SLG 210 2025 SLD 210 = 2025 SCMR 69
Supreme Court of Pakistan
Criminal Original Petitions Nos. 19 and 20 of 2024, order date: 25th October, 2024. Date of hearing: 7th October, 2024.
QAZI FAEZ ISA, C.J., NAEEM AKHTAR AFGHAN AND SHAHID BILAL HASSAN, JJ
Malik Javed Iqbal, A.A.G.P. for the Federation of Pakistan. Hafiz Arfat Ahmed, Advocate Supreme Court and Irfan Azim, DD(G), Environment for the CDA. Rashid-ul-Haq Qazi, Advocate Supreme Court and Ehtisham Khan, AD, GDA for GDA. Shah Faisal Ilyas, Additional A.G., Khyber Pakhtunkhwa for Government of Khyber Pakhtunkhwa. M. Ahsan Bhoon, Advocate Supreme Court, Hafeez-ur-Rehman, Advocate Supreme Court along with Luqman Ali Afzal (on Court Notice).

BILAL HAQUE AND ANOTHER---PETITIONERS

VS

KAMRAN ALI AFZAL, SECRETARY, CABINET DIVISION, ISLAMABAD AND OTHERS---RESPONDENTS

Law:

Section:

(a) Administration of justice-------Every judge must abide by the law and must not fall prey to the process of the Court being misused nor should in any manner become a party.(b) Khyber Pakhtunkhwa Forest Ordinance (XIX of 2002)-------Ss. 2(23) & 44---Galiyat Development Authority Act (XII of 2016), S. 6---Part of Margalla Hills National Park ('the National Park") in the territory of Khyber Pakhtunkhwa province---Preservation and conservation---Protected 'guzara forest'---Galiyat Development Authority ('GDA') of Khyber Pakhtunkhwa granted approvals to raise construction in respect of designated guzara forests that fell within the area of GDA---Legality---Galiyat Development Authority cannot approve construction in lands which prohibit it, including in guzara forest nor in the National Park---Galiyat Development Authority is also required to undertake forest conservation and the preservation of wildlife---Galiyat Development Authority must also serve and protect the National Park---Galiyat Development Authority must withdraw any permission which had already been granted pursuant to which construction had not been completed and should stop issuance of permissions/approvals in respect of the said lands---It must be ensured that the National Park remains a protected area and Supreme Court directed all concerned to ensure its preservation---Petitions were disposed of. ORDER:Pursuant to order of this Court dated 1 October 2024 the Capital Development Authority ('CDA') has submitted its report (Crl.M.A. No.1355/2024) which states that the structure of the restaurants that were running under the name and style of Monal, La Montana and Gloria Jeans ('the restaurants') have been demolished. The restaurants were constructed in the protected area of the Margalla Hills National Park ('the National Park'). Photographs have been attached with the report which confirm this. Mr. Muhammad Umar Ijaz Gilani, the learned counsel representing the Islamabad Wildlife Management Board ('Wildlife Management Board'), also confirms this and stated that the debris of the restaurants is now being removed. On behalf of the Wildlife Management Board he undertakes that the said area,…
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