ISLAMABAD: ISLAMABAD: On Saturday last, a private company called Messers Sunshine Heights filed a petition with the Supreme Court. They want the court to review its decision from June 11, 2024, which said that all leases and allotments inside the Margalla Hills National Park (MHNP) were against the Islamabad Wildlife Ordinance of 1979.
The company, represented by Barrister Khurram Raza, is asking the court to change its order regarding their plot, arguing it’s in the interest of justice.
Earlier, on March 21, the Supreme Court had asked the Capital Development Authority (CDA) to list all leases it had given in the MHNP. The court issued a notice to the petitioner on April 22, 2024, and then on June 11, 2024, ruled that all such leases were against the wildlife ordinance.
The petition explains that according to the master plan for Zone III, made and approved by the CDA on May 21, 1983, the plot given to the petitioner was meant for a restaurant. This plot at Daman-i-Koh was auctioned to the petitioner on July 4, 1996, for 33 years, with a possible extension of two more terms of 33 years each. The plot was to be used to develop a resort/restaurant, costing Rs1.6 million, with 25% paid upfront and the remaining Rs1.2 million in four installments.
The petitioner was supposed to build an indoor restaurant, outdoor dining areas, a conference hall, a video arcade, a children’s play area, recreational activities, and shelters for rain and sun, among other facilities.
However, the CDA canceled the land allotment without giving the petitioner a chance to be heard. This led to a case in the Lahore High Court (LHC) Rawalpindi bench, which ordered the CDA to restore the allotment. The CDA complied on July 9, 2005, but with modified conditions. These conditions were then challenged in the Islamabad High Court (IHC), which ruled in favor of the petitioner.
The CDA challenged this ruling in the Supreme Court but withdrew their challenge on January 26, 2012, making the plot allotment final.
On July 27, 2018, the CDA approved the petitioner’s project but asked them to get a no-objection certificate from the Pakistan Environment Protection Agency (Pak-EPA).
The petition now requests the Supreme Court to reconsider its June 11, 2024, order in the Monal case, specifically regarding the petitioner’s plot.
