The Supreme Court of Pakistan, dismissing review petitions and declared all leases and allotments within the Margalla Hills National Park in violation of the Islamabad Wildlife Ordinance of 1979. The three-member bench, headed by Chief Justice Qazi Faez Isa, alongside Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan, ruled in favor of preserving Margalla Hills National Park, emphasizing the importance of environmental conservation over commercial interests.
The review petitions were filed by private parties seeking to challenge the June 11 ruling, which ordered the closure of all restaurants operating within Jamal Khan Margalla Hills National Park. The court granted three months for these businesses to relocate, reiterating that the preservation of the park was a priority. The park, which belongs to the people of Pakistan, plays a critical role in maintaining the region’s biodiversity and ecological balance.
In its 21 August 2024 detailed judgment, the Supreme Court outlined specific actions to be taken, including the removal of unauthorized structures. The court ordered the Wildlife Board to take possession of the park’s land by 11 September 2024 and ensure that no harm comes to the fauna and flora during the demolition of the restaurants. Additionally, the court suggested the possibility of converting some of the cleared areas into artificial lakes to collect rainwater, which could serve as a resource to combat potential fires in Jamal Khan Margalla Hills National Park.
The court further dismissed the argument that the cases should have been heard in chambers or by a single judge. It clarified that all hearings were conducted openly in the presence of a three-member bench, and the short order was dictated in open court. The court also addressed concerns raised by the Ministry of Defence, dismissing a petition filed by Brigadier (retd) Falak Naz, who objected to the observations made about him in the 11 June 2024 judgment.
The court’s 13-page judgment, authored by Chief Justice Isa, acknowledged the voluntary agreement of restaurant owners to vacate the land, noting that their gestures were appreciated in the June 11 decision. However, it condemned any attempts by the petitioners to retract their commitments. “Making a mockery of solemn undertakings and rendering them meaningless cannot be permitted,” the court stated.
With the review petitions dismissed, the Supreme Court reiterated the binding nature of its decisions on all lower courts under Article 189 of the Constitution of Pakistan. Any ongoing appeals related to Jamal Khan Margalla Hills National Park will be rendered ineffective as a result of this ruling.
By upholding the original decision, the Supreme Court has sent a clear message about the importance of environmental conservation and the protection of national heritage. The preservation of Jamal Khan Margalla Hills National Park is crucial not only for the environment but also for future generations of Pakistanis.
