The Capital Development Authority’s signboards describe the nation’s capital as ‘Islamabad, the Beautiful’! And rightly so, because situated in the foothills of the great Himalayas and surrounded by lush green Margalla Hills, this valley of the Pothohar Plateau displays a spectacular view of scenic beauty and furnishes a clean and serene environment. Its location, topography, picturesque landscape, tree-lined avenues and green belts, surrounding the residential sectors, make it an attractive destination for abode and tourism. So calm, clean, serene and beautiful that it looks altogether different from the other urban towns and cities of the country – a place from another world!
Notwithstanding its beauty and serene environment, there are encroachments galore in Islamabad. Huge chunks of State land are usurped. The perpetrators are not only property developers or land mafia but government institutions or agencies. Encroachment of State land and grabbing of public amenities therein by such bodies is a common feature of Islamabad. Drive on any avenue, and the open area or road surrounding a government building is illegally occupied and barriers raised to keep the public out. And the greater the power or nuisance value of the department/agency, the larger the area or space encroached upon.
An example is a major artery of the city (Allama Iqbal Avenue), where the green belts, opposite the PAF and Navy Headquarters, are encroached by them. Checkposts are set up and car parking lots established in the green belt; and barricades raised to prevent the entry of public thereinto. Even travelling is made dangerous, as part of the road is also converted into a parking lot.
The issue is on the agenda of the Cabinet. Previously two months’ time was given for removal of such encroachments, which was then extended to six months. The period has since lapsed, but not an inch of usurped land was vacated; and the matter now forgotten! It may be mentioned that green belts around the sectors in Islamabad are its special feature: trees are planted there and amenities/facilities provided for the recreation of the general public including walking trails for families and playgrounds for children. The residents living opposite the PAF and Navy Headquarters though, are deprived of such amenities.
The armed forces are as much subservient to law as other government institutions. Undoubtedly, they are respected and revered by the public, but such practices, far from endearing them to the public, actually dent their image. They need to review the situation and comply with the law and court verdict
The encroachments are however not limited to the illegal occupations of the green belts and roads. It goes way beyond! Chunks of the Margalla Hills National Park and Rawal Lake have also been grabbed. The judgement of Islamabad High Court on land grabbing and encroachment of State land is a serious indictment against the Pakistan Navy. The seminal verdict of July 2022, authored by the then Chief Justice, Mr Justice Athar Minallah, in the case of Prof Zahid Baig Mirza v CDA, is a grim reminder of the extent to which State land is encroached upon by the State agencies.
The Master Plan of Islamabad declares the National Park, Rawal Lake and green belts the common heritage of citizens and the amenities and facilities, open to all. There are eight distinct laws for the preservation of the landscape and conservation, protection and management of the National Park and the forests and fauna and flora therein. There are three institutions, namely, Capital Development Authority, Environmental Protection Agency and Wildlife Management Board, for the enforcement of such laws. But they remained bystanders during the process of usurpation, or as the Court put it, remained helpless or complacent and certainly, in dereliction of duty.
Obviously, State land cannot be grabbed or appropriated or arrogated to private use or turned into business/commercial ventures. That it has been usurped, amenities snatched and the area rendered out-of-bounds for the general public, is deplorable, to say the least! More so, because it is done, as the Court put it, by the “State institutions and authorities”.
The successive governments kept a discreet silence and did nothing to stop or prevent the systematic and deliberate usurpation of the State land. Interestingly, when summoned by the Court, the key government functionaries and law officers remained either tightlipped or supportive of the ridiculous stance that rent of the illegally constructed Monal Restaurant may be collected by the Remount Veterinary and Farms Directorate of the GHQ, because more than a century ago, a portion of the area – now Margalla Hills National Park – was given to British Army for “growing hay” for the army animals.
The stance was taken despite the succeeding legislation by the Government of Pakistan, declaring the conservation/preservation of the national park, its habitat, ecology and ecosystem and banning any type of construction activities therein. Interestingly, all the three regulatory and management agencies, mentioned above, regard the Monal Restaurant as illegal construction. If so, why is it allowed to pollute the environment and how come its usufruct becomes kosher for the GHQ?
Notwithstanding the plethora of laws and the Court verdict, nothing has changed on the ground. The Court orders asking the implementing agencies to remove the illegal structures have fallen on deaf ears. They dare not take any step against the mighty and powerful. Thus, illegal occupation of land and the private and commercial operations of the business ventures continue unabated. The Monal Restaurant is functional, having obtained a stay from the Supreme Court. When will the case be decided, is anybody’s guess!
But going by the current pendency in the Court and consequential delays, it may be years, perhaps decades, before it is decided. Meanwhile, the illegalities persist and the judgement of the Islamabad High Court is practically thrown into the dustbin. It makes mockery of the principles of sovereignty of Parliament, the rule of law and supremacy of the Constitution. It is a negation of what is guaranteed in the very Preamble of the Constitution, saying, “it is the will of the people of Pakistan to establish an order; Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice.”
The armed forces are established and regulated under the Constitution and laws. The Constitution dictates that “The Federal Government shall have control and command of the Armed Forces”. They are indeed oathbound to “bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan … and honestly and faithfully serve Pakistan … as required by and under the law”.
The armed forces are as much subservient to law as other government institutions. Undoubtedly, they are respected and revered by the public, but such practices, far from endearing them to the public, actually dent their image. They need to review the situation and comply with the law and court verdict.
