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ISLAMABAD: The Supreme Court has asked the administration to provide a complete record of an illegal society in Sector C-12 called ‘Northridge Housing Society’, which allegedly encroaches upon the Margala Hills National Park.
The court sought the details after it was informed by the wildlife board lawyer that the owners of this scheme had a close relationship with the former spymaster, retired Lt Gen Faiz Hameed.
“As per my client’s instructions, the owner of the society has a very close relationship with Lt Gen (retd) Faiz Hameed,” argued Barrister Umer Ijaz Gillani. He, however, conceded that he did not have any document to establish the ownership of the society. The lawyer was representing the Islamabad Wildlife Management Board (IWMB).
A three-member bench headed by Chief Justice Qazi Faez Isa had taken up contempt of court petitions for violating SC’s June 11 order to relocate restaurants out of the national park within three months, including Monal.
Lawyer claims society encroaching national park land; IHC asked for ‘action’ against civil judge who stayed demolition of eatery
During the hearing, the court’s attention was drawn towards the illegal housing society in C-12. The application, moved by environmentalist Hameed Khan, sought to become a party to the case. The court allowed the impleadment of the applicant.
Consequently, the Supreme Court ordered the Capital Development Authority as well as the chief commissioner to furnish a complete ownership record of the housing society along with necessary documents.
In his application, Hameed Khan alleged that CDA promptly handed over possession of the demarcated area of 78 kanal belonging to the Forest Department, but the land — consisting of parts of the Margalla Hills — had become part of a housing society called ‘Northridge Housing Society’.
This housing society encroached upon the state land and made millions in profit by selling plots on the encroached land as well as in the Margalla Hills.
Monal demolition case
The CJP also referred the matter of the senior civil judge of Islamabad, Inamullah, to the Islamabad High Court for potentially obstructing the Supreme Court order, with a direction to consider an action for misusing authority after considering the conduct of the judge.
The civil judge had stayed the demolition of La Montana Restaurant, which was situated inside the protected national park despite the fact that the Supreme Court had ordered demolition of the eatery.
The court expressed concerns about the issuance of the stay order without proper examination of the suit while regretting that even proper court fees had not been paid.
It is strange that the civil judge obstructed the implementation of the apex court order and thus committed contempt of the court when the judge should have considered first whether any relief could be given, the court said.
The court also expressed concerns over propaganda against the judiciary on social media and questioned whether the media should focus on judicial issues or individuals.
Khyber Pakhtunkhwa Advocate General Shah Faisal informed the bench that construction was not possible in KP because the Forest Lands Act 2002 prohibited any construction in the Margalla Hills area in the province.
Interestingly, Dino Valley Amusement Park falls within this area and is owned by Luqman Ali Afzal, who also owns Monal restaurant.
Consequently, the Supreme Court issued notice to the owners of the Dino Valley but discharged the contempt of court notice it issued on Aug 15 to Luqman Ali Afzal.
The contempt notices were issued after taking exception to a campaign launched against the Supreme Court allegedly at the behest of the owner of the Monal restaurant that the decision to relocate the restaurant may render a number of employees jobless.
Published in Dawn, October 8th, 2024
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