Pak court orders sealing of Navy-built sailing club in Islamabad

"After the matter has been considered by the cabinet, the secretary cabinet shall submit a report on or before July 30, 2020, informing this court about decisions taken by the cabinet regarding the abysmal state of implementation and enforcement of enacted laws, which inevitably leads to violation of fundamental rights," the court said. CDA member, planning, Shahid Mehmood, who appeared in compliance with the court's July 16 order, conceded that no approval under the Capital Development Authority Ordinance, 1960, and other regulations were obtained ahead of the construction.

A Pakistani court has ordered the sealing of the Sailing Club built by the Navy on the banks of Rawal Lake here, saying the construction is illegal and violative of laws. The Islamabad High Court issued the order on Thursday after the Capital Development Authority (CDA) and a Pakistan Navy official failed to justify the illegal construction near the rain-fed and man-made reservoir.

"Prima facie, the occupation of the land and construction of building thereon are illegal and in violation of the enforced laws. It is, therefore, ordered that till the next date the federal government, through the secretary cabinet, and the chairman of Capital Development Authority, shall seal the premises," the court said. The order was issued by Chief Justice Athar Minallah in response to a petition filed against the Navy Club's construction and inconvenience to the public accessing the Rawal Lake.

Stating that the laws were not being implemented, the court directed the cabinet division secretary to place the matter before the Federal Cabinet at its next meeting. "After the matter has been considered by the cabinet, the secretary cabinet shall submit a report on or before July 30, 2020, informing this court about decisions taken by the cabinet regarding the abysmal state of implementation and enforcement of enacted laws, which inevitably leads to violation of fundamental rights," the court said.

CDA member, planning, Shahid Mehmood, who appeared in compliance with the court's July 16 order, conceded that no approval under the Capital Development Authority Ordinance, 1960, and other regulations were obtained ahead of the construction. When asked whether the land occupied by the Navy had been allotted, Mehmood said it was not and that the area was environmentally sensitive.

He admitted the mandatory requirements under the Environmental Protection Act, 1997 were not complied with. The court observed that the statement made on behalf of the regulator -- the Capital Development Authority -- was indeed alarming and raised serious questions regarding the status of rule of law and disregard for protecting an environmentally sensitive area.

Commander Khawar Zaman, who appeared on behalf of the Chief of Naval Staff, sought time to submit a report on the matter.