CDA head summoned over illegal mining in Margalla Hills

Author: Syed Sabeehul Hussnain

ISLAMABAD: The Supreme Court of Pakistan (SC) on Tuesday summoned the Capital Development Authority (CDA) chairman to appear before it at the next hearing of a suo moto case pertaining to deforestation and illegal mining in Margalla Hills.

The top court also directed CDA to submit reply over illegal housing societies in Zone III of Margalla Hills.

A three-judge bench, headed by Justice Sheikh Azmat Saeed, heard the case about deforestation and illegal quarrying of stones in Margalla Hills.

Former chief justice Anwar Zaheer Jamali had taken cognisance of the matter over a news report that highlighted limestone mining from the area by a mafia.

The report had claimed that illegal mining and crushing had been going on for the past 35 years in Union Council Lora of Abbottabad district.

During the hearing, Khyber Pakhtunkhwa (KP) Additional Advocate General Mian Arshad Jan informed the court that at least 20,000 cases had been registered so far against illegal crushers since 1997.

He also submitted a report, stating that the Industries secretary in 2017 had requested the police of Nawasher, Havelian, Lora and Mongal areas of Abbotabad to take action against 37 stone crushers. However, 10 out of them had obtained interim relief from the Peshawar High Court (PHC).

The KP Mines and Minerals secretary said that Inspectorate of Mines Department had stopped mining activity by lease holders in UC Lora. “Contracts of the three lease-holders have also been canceled. A ban has been placed on any future grant of lease,” he said.

The report submitted by law officer Asma Hamid on behalf of Punjab government stated that only 7 percent of Margalla Hills fell in the territorial jurisdiction of the Punjab.

“Out of 7 percent, mining leases are granted only in 1.4 percent of the hills. The area of Maragalla Hills National Park is part of the Islamabad Capital Territory (ICT),” the report said.

The report said that 227 FIRs had been filed against 1,250 persons under Rule 174 of the Punjab Mining Concession Rules 2002 and Section 379 of Pakistan Penal Code from 2010 to 2016 for illegal mining of limestone from the hills.

“Recovery of Rs 19.29 million has been made against illegal excavation from Buffer Zone. Likewise, recovery of Rs 627.58 million has been approved against illegal mining in Buffer Zone for the period of three years against Crushers’ Association Chairman Khwaja Javed Akbar. The matter is under litigation,” the report said.

“The assessment of Rs 2.1 billion has been made against 63 owners in Buffer Zone for the period from 2009 to 2016, which is being finalised by the licensing authority. Similarly, an assessment of Rs 1.6 billion against 44 crushers has been made for the period from 2009 to 2016. This is also being finalised by the licensing authority,” the report said.

The report added that IESCO had also been requested to disconnect electricity connections of establishments involved in illegal stone excavation.

A law officer representing the federal government, Rana Waqar, told the court that the five housing societies of city had not been provided gas connections. “So residents of these areas cut trees from the forest,” he said.

Justice Sajjad Ali Shah observed that the employees of Forest Department cut down the trees.

Justice Qazi Faez Isa observed that a mafia was involved in cutting down trees. “Those involved in the activity have built bungalows for themselves by now,” he said.

Justice Isa said that a ministry had been created to deal with climate change, but it had done nothing except organise seminars.

The court then adjourned the hearing for two weeks.

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