SC bans tree cutting, provision of utilities in Bani Gala

Author: Muhammad Asad Chaudhry

ISLAMABAD: The Supreme Court of Pakistan on Monday prohibited tree cutting and provision of utilities to unauthorised buildings in Bani Gala as it heard a suo moto case about increasing loss of tree cover in the area.

The apex court also directed the Capital Development Authority (CDA) and the Islamabad Capital Territory (ICT) administration to remain vigilant to ensure the implementation of court orders.

A three-member bench of the apex court, headed by Chief Justice of Pakistan Justice Mian Saqib Nisar, was hearing the suo moto case, which was taken over a letter written by the Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan. He had drawn the court’s attention towards “municipal lawlessness” in Bani Gala.

Imran Khan appeared before the bench and thanked the chief justice of Pakistan for taking up the issue. “The park area in Bani Gala is continuously being encroached upon. I am a witness to the fact that in last 15 years, almost half of the jungle has disappeared.”

“When I had constructed my house in the area, it was full of greenery, but now a concrete jungle is creeping up. It will be a serious threat to our next generations. Additionally, it can also contaminate the Rawal Lake, which is a major source of drinking water for Rawalpindi,” he said.

He informed the court that in the past, he had also contacted the CDA to stop illegal logging in Bani Gala, but the civic body had not done anything.

Chief Justice of Pakistan Mian Saqib Nisar said: “We have intervened in the matter and we will have to look into the legal and factual aspects of the issue. We will not pass an interim order, but find a permanent solution as the issue is of public importance and involves violation of fundamental rights.” Justice Mian Saqib Nisar urged Imran Khan to spare time for the important case and advised him to actively pursue the case.

The court also directed Imran Khan to submit his reply on the report presented by the CDA. However, Imran Khan’s counsel, Dr Babar Awan, requested the court to pass an interim order to immediately stop the illegal cutting of trees from the area to avoid further loss to the natural beauty.

In response, the top court, in its order, prohibited cutting of trees from the area falling in Botanical Garden and National Park to Korang Road and from Murree Road to Bani Gala.

The top court also directed WAPDA and Sui Northern Gas Pipelines (SNGPL) not to provide electricity and gas connections to buildings, which had not been sanctioned by any authority of law.

The top court directed ICT administration and CDA to keep vigilance and monitor the situation in order to ensure the prohibition of tree cutting, encroachments and unauthorised installations on buildings. The CDA and ICT were also directed to submit a report regarding the proposal of sewerage and waste disposal.

They were also directed to submit a joint report after conducting a survey near Rawal Dam. The top court adjourned the hearing of the case until May 10.

When questioned about the legal violations in his own residence situated in Bani Gala, Imran Khan said: “I had constructed my house by taking permission from the respective union council. My residence is also a farm house, which is not harming the environment.”

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