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Prof. ZAHID BAIG MIRZA vs CAPITAL DEVELOPMENT AUTHORITY S — 2022 PLD 398 ISLAMABAD

Case information

Citation
2022 PLD 398 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PLD
Parties
Prof. ZAHID BAIG MIRZA vs CAPITAL DEVELOPMENT AUTHORITY S
Subject matter
Constitutional
Provisions referred to
S. 21; Capital Development Authority Ordinance (XXIII of 1960); Capital Development Authority Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Prof. ZAHID BAIG MIRZA VS CAPITAL DEVELOPMENT AUTHORITY S. 21(4)---Capital Development Authority Ordinance (XXIII of 1960), Ss. 2(l), 20 & 21---Specified area---National Park---Margalla Hills---Capital Development Authority, jurisdiction of---Scope---Dispute was with regard to change in use of land falling in National Park, Margalla Hills area---Validity---Jurisdiction of CDA was excluded to the extent of inconsistency or conflict with the provisions of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979 and rules made there under---Latter statute had status of a special law relating to preservation, protection and management of the area notified as Margalla Hills, and thus prevailed over other laws---High Court declared that Federal Government, Capital Development Authority and Islamabad Wildlife Management Board were severally and jointly liable for any further destruction of the National Park---High Court directed Federal Government, Capital Development Authority and Islamabad Wildlife Management Board to jointly ensure that no further unauthorized activity, construction or acts in any other manner would take place or were undertaken within the notified area of National Park---High Court also directed respective Secretaries of Ministry of Defence, Ministry of Interior and Chairman of Capital Development Authority to jointly conduct survey and demarcate unharmed area of notified National Park---High Court further directed that survey and demarcation to be completed within sixty days and no activity or construction was allowed within the notified National Park as mandated under MLR 82, Capital Development Authority Ordinance, 1960 and regulations made thereunder, Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979, and the Islamabad (Preservation of Landscape) Ordinance, 1966---Constitutional petition was allowed accordingly.

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