recorder report

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the secretary Cabinet and the chairman Capital Development Authority (CDA) to seal a commercial building of Pakistan Navy on the Rawal Lake.

A single bench of the IHC Chief Justice, Athar Minallah, heard Zeenat Salim’s petition. She had challenged the construction of a building on the Rawal Lake, and denying of access to the general public.

During the course of hearing, Dr Shahid Mehmood, Member (Planning) CDA appeared before the court, while Commander Khawar Zaman appeared on behalf of the Chief of Naval Staff. The Commander sought some time to submit a report in the matter.

The IHC bench asked Dr Shahid whether the commercial building had been constructed by Pakistan Navy after getting approvals/NOCs required to be obtained under the Capital Development Authority Ordinance, 1960, and the regulations made thereunder.

He was initially hesitant to answer the query.

Later, however, he candidly conceded that no approval was obtained from the competent authority.

Then the court asked him that whether the land Pakistan Navy’s possession had been allotted to it and if so, the allotment letter might be submitted.

He stated that the land was not allotted.

The area is environmentally sensitive and it has been admitted that mandatory requirements, under the Environmental Protection Act, 1997 were not complied with before starting construction of the “illegal” building, which is purportedly being used as a club and that too for commercial purposes.

The IHC chief justice noted in his order, “The statement made on behalf of the regulator i.e. the Capital Development Authority is indeed alarming and raises serious questions regarding status of rule of law and disregard for protecting an environmentally-sensitive area from harm. The Capital Development Authority appears to have failed in its statutory duty or it is complacent. It is noted that no one can be allowed to break the law. No one is above the law and every citizen has to be treated equally.”

He added that it had been consistently observed that it had become a norm for the Capital Development Authority and other agencies to promptly take action against those who were common citizens, and who did not have the means to influence, while the privileged and elites were being treated differently.

Justice Athar maintained that this was “unacceptable for a democratic polity governed under a Constitution and which guaranteed fundamental rights”.

He added, “It is obvious from the above that, prima facie, the occupation of the land and construction of building thereon are illegal and in violation of the enforced laws. It is, therefore, ordered that till the next date fixed, the Federal Government, through the Secretary Cabinet, and the Chairman, Capital Development Authority shall seal the premises.”

The IHC bench ordered: “The secretary, Cabinet Division is directed to place the matter before the Federal Cabinet in its next meeting for consideration because the enforced laws are not being implemented and that enforcement has been confined to common citizens. This different treatment is unacceptable and has become a matter of routine in the past one decade.”

He added that “after the matter has been considered by the Cabinet, the secretary, Cabinet shall submit a report on or before 30 July 2020, informing this Court regarding decisions taken by the Cabinet regarding the abysmal state of implementation and enforcement of enacted laws, which inevitably leads to violation of fundamental rights”.

The court stated that “it had already been declared by this Court in the case titled ‘BNP (Pvt.) Limited v. Capital Development Authority’ that the chairman CDA and members of the Board are jointly and severally liable for any failure to enforce and implement the law.”

It further said: “the chairman and the Board members were directed to submit their separate affidavits explaining why proceedings might not be ordered to be initiated for what, prima facie, appears to be gross negligence and dereliction of their statutory obligations or complacency. The chairman, Capital Development Authority and the secretary, Cabinet shall submit before the registrar their respective compliance reports.

Later, the court deferred hearing in this matter till July 30th for further proceedings”.

The petitioner, Zeenat, filed the petition through her counsel Zainab Janjua and contended that Pakistan Navy has “illegally” constructed a building on the Rawal Lake and had denied access to the general public.