ISLAMABAD: The Islamabad High Court (IHC) has declared the construction of the Navy Golf Course illegal and issued a detailed judgment regarding the construction in Margalla Hills National Park.
Following its judgment, the high court instructed the Ministry of Defense to conduct an inquiry into the golf course and directed the secretary of defence to administer a forensic audit to assess the damage to the national exchequer.
The court also rejected the ownership claim of the Pakistan Army Directorate on 8,068 acres of land in the National Park.
In a detailed judgment issued by IHC Chief Justice Athar Minallah, the lease agreement of the Farms Directorate of the Pakistan Army with Monal Restaurant was also declared illegal.
The report of the Islamabad Environmental Commission was also included in the 108-page detailed decision.
The court said state and government officials had a duty to protect the Margalla Hills.
“It is the responsibility of the state to take action against those who violate the fundamental rights of the people, however, it is ironic that state institutions are also involved in desecrating the Margalla Hills protected area,” the IHC maintained.
Read Margalla Hills National Park: IHC halts construction of Defence Complex
The court further stated that the Pakistan Navy and Pakistan Army had violated the law by taking it into their own hands, which was an ideal case of weakening the rule of law.
According to the IHC, the state has a duty to take steps to repair the damage to Margalla Hills to prevent further destruction.
The court had earlier issued a short order on January 11, 2022, wherein it declared that the allotment of 8,068 acres of land to the Pakistan Army in the National Park area of Islamabad was against the law.
“The claim of Remount, Veterinary and Farms Directorate of Pakistan Army, regarding 8,068 acres of land in the notified National Park area is in violation of the Ordinance of 1979 read with the Ordinance of 1960 and the Master Plan,” an 11-page judgment authored by IHC CJ Athar Minallah said.
“The claim is also not in conformity with the enforced laws applicable to the management of lands for the use of the armed forces. The federal government was bereft of jurisdiction to allow the directorate to use 8,068 acres of land in the notified National Park area,” the judgment stated.