Tazeen Akhtar
The ownership of precious “productive” (PAIDAWARI) lands in Pakistan is a matter that can make the parties do anything. The parties can resort to the extreme and if the parties are wealthy and powerful , the matter can be raised before the highest court where interesting situations can be created and the powerful can be exposed for their lust of grabbing the land like land mafias. It happens most often in Pakistan but mostly not reported in the press. But sometimes the important position of the parties brings such cases at limelight. The same is coming from Supreme Court of Pakistan and that from the Chief Justice of Pakistan in case of Monal vs Military with regard to the ownership of Margallah.
CJP has observed ,” Margallah is not for Military but it is for People of Pakistan. There is no proof of ownership of Military (Remount, Veterinary and Farms Directorate (RVFD), a military wing functioning under the Military Estate Officer (MEO)). Court can summon former Army Chief in this case. How Margalla Hills National Park (MHNP) could be converted into the military’s grassland?“
It means Military again in the news as wrong doer and it is said not by Indian court but Pakistani Supreme court and the CJP himself. Only a day before this hearing, CJP literally lambasted the Secret Agencies in journalists harassment case in which a journalist Asad Toor has been arrested by FIA and the charge is malicious campaign against judiciary. The top man of jusdiciary, the CJP observed, ” We are not complainant against Asad Toor. Why you are using our shoulder against the journalists.?
Land Mark Decision of Restoration of Land Mark of Capital City – Monal Opening – Rina Satti Reprimanded by SCP
Monal is known by all already as a popular restaurant at hill top at very picturesque location. Monal itself filed the case in the SCP that is apparently and mainly seeking the ownership for Military than CDA with whom Monal signed agreement of lease.
Here again another interesting situation emerged at the SCP. Chief Justice termed Monal’s case as suicide because the lawyer of Monal (Salman Akram Raja)failed to present any proof of the ownership of the Military. Thus created awkward situation for his client as well as the Military.
Salman Akram Raja was candidate of PTI in election from Lahore. He was arrested in Lahore during a protest against (What PTI allege) rigging and released after few days. There he is the other party to establishment and here he is seeking ownership of Margallah for Military. This is again another interesting thing.
Interesting stories do not end here. More interesting is that , not only former Army Chief General Bajwa but Britain’s King Charles too is likely to be a party in this case. Salman presented a computer generated letter in the court according to which 8,600 acres belong to RVFD since it was demarcated in favour of the directorate in 1901. CJP rejected the validity of the letter as well as the legal status of RVFD.
Now here again very interesting point. A full directorate and that on the ownership of precious lands is working in our country that is not recognized by the SC of the country. What a state of affairs.
Islamabad High Court on Jan 11 directed to the Capital Development Authority (CDA) and the Islamabad Wildlife Management Board (IWMB) to take over possession of the restaurant and seal its premises.The court had held that the lease agreement between Monal and CDA had expired. IHC declared as null and void an agreement, signed on Sept 30, 2019, between Monal and Military’s (RVFD) as well. On March 8, 2022, Supreme Court suspended the orders of IHC on Monal’s writ petition and resumed the hearing on 12 March 2024.
CDA is looking forward to take the possession of the land. Advocate Arafat Ahmed informed the apex court that the CDA owned the land and won’t transfer it to any other entity. CDA considers the agreement with Monal is not existing. Here CDA is standing on strong ground because the lawyer of Monal himself admitted that Monal signed an agreement with Military’s RVFD. Supreme Court has rejected RVFD as legal entity. That is why CJP observed Monal’s plea as Suicide.
CJP observed, “The right of the restaurant flows from the CDA, but by bringing a plea against it, Monal itself destroyed the case,It’s a classic case of suicide bomber.”
Salman Akram Raja is know as a high profile intelligent lawyer. He admitted that the possession of land was handed over to Monal by CDA but his plea was for the ownership of the land to Military’s RVFD. Further at a point, Salman said ,” we will be happy if the ownership is given to CDA.”
Then what is your case by the way?
Islamabad without Monal ?
