‘Housing societies accused of flouting apex court’s orders

recorder report

ISLAMABAD: New Murree Project affectees have claimed that despite the Supreme Court orders, the housing societies are continuing their projects, which are causing environmental hazards for the area and Rawal Dam.

They said the projects of the housing societies were not only adversely affecting the environment but were also a threat to the hills, water follow, human life and eco-system, affecting the natural and scenic beauty of the area and contaminating Rawal Dam and Simly Dam, which are the sources of water for the citizens of Rawalpindi and Islamabad.

Around 66 villagers of Salkhetar on Monday filed a petition before the apex court through Advocate Raja Shafqat Abbasi under Order 33 Rule 6 of Supreme Court Rules, 1980.

The petitioners are co-owners of the land measuring 5,068 kanals and 9 marlas in village Salkhetar in the un-portioned ‘Shamlat’ land. However, in 2006 the concerned district collector has acquired the land measuring 659 kanals and 12 marlas from the revenue estate of village Salkhetar and issued notification, and got it published in the official gazette on 15-06-2006 under Land Acquisition Act, 1894.

The land was acquired by a private housing society for launching its project which caused serious hazards to the environment of the area and Rawal Dam, which is about 10 kilometers away from the site.

The petitioners and the other inhabitants of the areas raised hue and cries against the highhandedness of the revenue department with the connivance of the private housing society.

The apex court had taken suo moto in 2006 on the basis of the newspaper clippings and the application moved by the villagers and the notices were issued to the district coordination officer (DCO), Rawalpindi.

The apex court had suspended the operation of the notification, dated 15-06-2006, and on 03-05-2007 issued directions under the Section 4 of the Land Acquisition Act, 1894 and stayed the projects during the pendency of the case. The 14-member bench of the apex court disposed of suo moto regarding the environmental hazard of proposed new Murree Project on 31-07-2009 after securing reports and replies and undertaking given by the Environmental Authorities. It, however, issued directions to protect Murree from environmental degradation.

Despite clear-cut directions and undertaking given by the secretary environment Punjab, the development activities on the projects launched various societies continued and small hills were bulldozed, trees were cut down and the land over the mountain was levelled and Nullah Korang and ‘Kassi’ (small nullah) were filled with the earth which has put eco system in danger.

The villagers claimed that housing societies have forcibly occupied the Shamlat land of their villages without the court approval. They said the acquisition as well as purchase of land by the housing society is dubious in nature as all the 44 mutations were bogus and fictitious. The villagers added that they have challenged these mutations in the civil court, Rawalpindi.

They further claimed that launching of the housing society on their land has caused serious hazards to the environment and eco-system as it is being executed adjacent to Nullah Korang, which has catchments area extended up to New Murree/Pathriata, where Punjab government has already abandoned new Murree project due to environmental concerns.

It is well settled principle of law that Shamlat land cannot be portioned without the permission of the government, as even the green trees over the private Shamlat land vest with the government.

The Punjab government has declared areas of Murree as National Park under Section 17 of the Punjab Wildlife (Protection, Preservation, Conservation and Management) Act, 1974.

The applicants said that they should not suffer on account of any act, omission or commission on the part of the government officials who had no right to take undue advantage or benefit of their power or authority.