ISLAMABAD, June 22: The Supreme Court on Wednesday has rejected the Attorney General request to form a commission over cutting of tree and stone crushing issue on Margalla and Lora Hills of Islamabad and KPK.
Top court taking notice of the private housing schemes and stone crushing over public property has summoned Secretaries Mines and environments of the Punjab and Khyber Pukhtoonkhaw. Court also directed to remove the machines from prohibited areas.
Meanwhile Chief Justice Anwar Zaheer Jamali has remarked that federal and provincial government have failed to stop lawlessness and Top Court uses powers of suo-moto notice when institutions do not perform their duties.
The Supreme Court asked that the attorney general of Pakistan keeping aside his profession he tell that what we are leaving for our next generation.
Chief Justice Anwar Zaheer Jamali, heading a three-member bench, asked from the additional advocate general KPK that why the existing plants have not been removed, adding factory owner whose mining leases had expired six years ago but they still mining.
He said action should be taken those officers who had allowed the mining though the lease has expired. “Why the decision had been taken and what had prevented the officer from taking decision,” adding it seemed to mint money. The chief justice said the KPK government had not taken action therefore they would proceed against them and separated the case.
The AAG informed that in order to remove the loopholes the government has decided to enact new laws.
Chief Justice Anwar Zaheer Jamali, said it is not the job of apex court to look after the matter of environment, but when no action was taken against the people who had been illegally cutting the trees are quarrying the Margalla therefore they had to take suo moto notice.
There would be no need of suo-moto notice if governments do their own work but government itself promoting the lawlessness and mismanagement. The contractors have continued mining for six years on one year permission and competent authorities had not renewed their licenses.
Attorney general Ashtar Ausaf said that first of all we have to separate the private and public property. The private owner of land can construct the hosing scheme, he added.
Private owner also has to get permission from Municipal Corporation for construction of a private housing scheme, Justice Ameer hani Muslim remarked adding that mountains cannot be crushed through basting for building the housing societies. Meanwhile top court took notice of Peshawar High Court’s stay order and observed that High Court cannot issue stay order over a case pending in the Supreme Court. The court ordered KPK government to take action against the concerned officers who were involved in continuation of the crushing despite the expiry of the mining licenses.
Barrister Ali Zafar submitted that the cutting of trees and mining of any kind, including stone crushing, is strictly prohibited without any exception in the National Park and Marghalla Hills as laid down in the Notification of the CDA dated 27/04/1980. He said the prohibition was later on confirmed by the Supreme Court in its judgment dated 25/10/2013 and it was directed that all stone crushing in the National Park is prohibited.
Zafar also said it is in the national interest and the fundamental right of the people of Pakistan to ensure that no violation of this law takes place in the National Park. However he told the Court that his clients’ case is entirely different which is that they are not carrying out any stone crushing activity in the National Park at all but the police authorities without verifying whether the Petitioner is carrying on its activities in the National Park or outside it, have stopped the stone crushers from crushing the stones as well.
Meanwhile Barrister Aitzaz Ahsan appearing on the behalf of Crushing Association, said that government has stopped the crushing at all other places away from national Park areas which is illegal. The court summoned reply from Punjab government on a petition regarding crushing in Texila and adjourned the case till 29th June.-Sabah
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