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

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Prof. ZAHID BAIG MIRZA VS CAPITAL DEVELOPMENT AUTHORITY S.21(4)---Capital Development Authority Ordinance (XXIII of 1960), Ss.2(l), 20 & 21----Pakistan Environmental Protection Act (XXXIV of 1997), Ss. 5 & 6---Good Governance---Restoration of possession---Encroachment by officials---Effect---Dispute was with regard to establishing a golf course on land falling in Margalla Hills area falling under 'Specified area'---Plea raised by authorities was that land was taken into possession due to security reasons---Validity---No one could claim to be above the law nor could anyone be given license to violate enforced laws---Providing security was function of State and establishing a golf course in violation of law on the pretext of security could not be justified by any stretch of imagination---Authorities who chose to illegally encroach State land by brazenly violating enforced laws exposed themselves to disciplinary proceedings besides attracting criminal liability prescribed under Capital Development Authority Ordinance, 1960 or Pakistan Environmental Protection Act, 1997, as the case was---Far greater responsibility of the State institutions and its public functionaries to obey and respect the enforced laws---When State officials were involved in its abuse, it would become the worst form of undermining of rule of law and violation of rights guaranteed under the Constitution---Authorities encroached upon State land, including notified area of National Park by illegally establishing a golf course outside allocated sector---Construction on encroached land and establishing a golf course was illegal, without lawful authority and jurisdiction---High Court directed that Golf Course in question to be sealed and its possession handed over to Capital Development Authority and Islamabad Wildlife Management Board---High Court further directed that construction on encroached land of Golf Course would be demolished unless it could be utilized for an environmentally friendly activity---High Court directed the Capital Development Authority and Islamabad Wildlife Management Board to jointly restore encroached land of Golf Course as part of National Park---Constitutional petition was allowed accordingly.

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

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