Daily Times

ISLAMABAD: The top court on Wednesday directed the Capital Development Authority (CDA) to submit complete data of 20 years regarding allotment of lands on the bank of Rawal Lake along with terms of references.

The top court also directed the CDA and Islamabad Capital Territory (ICT) Administration for supervising the exercise of preventing tree cutting in the areas of Botanical Garden, National Park to Korang Road and from Murree Road to Bani Gala.

The court directed both the authorities to inform it as to which law was prevalent at the time of constructions in Bani Gala, which according to them were unauthorised. The top court also sought proposal from the CDA and the ICT for managing the sewerage system in Bani Gala and Rawal Lake areas.

The top court also issued notice to the attorney general of Pakistan for assisting the court regarding the CDA’s laws. “Our concern is purity of Rawal Lake, preventing cutting of trees, construction of a wall around Botanical Garden, purity issues related to refuse,” Chief Justice Mian Saqib Nisar said while making observations during the hearing of a suo motu case regarding encroachments, illegal tree cutting and sewerage issues in Bani Gala.

The case was commenced on a written complaint of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan highlighting continuous large-scale encroachments in and around the Botanical Garden and the park in Bani Gala, which was going unchecked by the CDA. Headed by Chief Justice Mian Saqib Nisar, a three-judge bench also questioned as to why the CDA and the ICT had failed to act against the illegal constructions when they were being built.

During the course of the hearing, Advocate Babar Awan appeared before the bench on behalf of the PTI chief and expressed his reservations over a joint report of the CDA and the ICT, which was filed a day ago.

The report had stated that 122 buildings constructed either in Zone III or Zone IV, the Bani Gala area, were in violation of the ICT Zoning Regulation 1992 and the same needed to be demolished. The counsel for the PTI chief said that the authorities breached confidentiality, as the report submitted to the court was handed over to the media beforehand. Ruling out the apprehension that the above-mentioned joint report was against a particular person, Chief Justice Mian Saqib Nisar observed that the case should not be treated as such. He further observed that the main issue was regarding sewerage and cutting of trees, adding that clean water and air were necessary for human survival.

Babar contended the report had not presented the complete picture, adding that the report only mentioned the southern area of Bani Gala. He further contended that assistance could be sought from Google maps and satellite images for accurate demarcation of Bani Gala. He, however, contended that marriage halls were constructed on the land of the CDA in Bani Gala.

Counsel for the CDA Sardar Aslam told the bench that constructions were started in Bani Gala in 1999 after Dr Qadeer Khan constructed his house, adding that bungalows worth billions of rupees were constructed without any permission and taxes. This area needs to be regulated, he contended.

During the hearing, a disgruntled leader of Pakistan Muslim League-Nawaz (PML-N), Advocate Zafar Ali Shah, submitted an impleadment application on behalf of some of the residents of Bani Gala. He contended that constructions within two-kilometre radius of Rawal Dam were illegal under the law. He said those buildings constructed within the two-kilometre radius include the Supreme Court building, the Prime Minister’s Office and the Convention Centre. “These buildings should also be considered illegal,” he contended. He alleged that the officials of the CDA used to take bribes for allowing construction of buildings within the two-kilometre radius.

The top court, however, ruled that the bench would take the impleadment application for hearing when it deemed it necessary. The top court directed the counsel for the PTI chief to submit a written reply on the joint report of the CDA and the ICT. The case has been adjourned until the first week of June.