The Punjab government has made a strong case by claiming that the forests of Margalla Hills and Bani Gala belong to the Punjab government, therefore, can’t be altered or destroyed without Punjab government’s permission.

An interesting fact revealed by the Punjab government is that out of the total 12,511 acres of Margalla Reserve Forest, 11,870 acres and 641 acres of Bani Gala Reserve Forest were leased out to Capital Development Authority (CDA) under the lease agreement for a period of 20 years. The lease agreement was signed between Secretary, Agriculture West Pakistan and Horticulture Directorate CDA during 1966.

The lease period of both the reserve forests expired on 30th June, 1981 and 30th June, 1991, respectively, but neither the possession of forest land was handed back to Punjab Forest Department nor lease period was extended but now the Punjab government has raised serious objections to the encroachment of it’s forest land.

In a letter written by Punjab Forest Secretary Maj (R) Shahnawaz Badar to Chairman CDA, the Punjab government has demanded the formation of a joint committee of revenue and other officials to demarcate the Margalla forest land to save it from encroachers.

The Punjab government insisted that the CDA was legally bound to protect the forest land as per the agreement signed in the past between the two but pointed out that the field formation of the Forest Department has reported that recently a private enterprise (owned by one of the most influentials in Islamabad) has encroached upon the Compartment No 34 & 37 of Margalla Reserve Forest near Sangjiani, which was under the administrative control of CDA.

The secretary forest also pointed out that it has been further reported that a plan for construction of Margalla Avenue, passing through Compartment No 31 &33 near village Labana is also in the pipeline with CDA. The construction of the road also amounts to utilisation of land against the purpose for which it was given on lease. Further, the construction of road will involve cutting of trees and it shall be an environmental hazard in the area.

The operative part of the letter written on June 1, 2012 reads as: “The Capital Development authority (CDA) soon after declaration of Islamabad as capital city of Pakistan in the year 1960 approached the then provincial government of West Pakistan for the transfer of management of subject reserve forests, which were under the administrative control of Forest Department.

2) In this respect, out of the total 12,511 acres of Margalla Reserve Forest, 11,870 acres and 641 acres of Bani Gala Reserve Forest was leased out to CDA under the lease agreement for a period of 20 years. The lease agreement was signed between Secretary, Agriculture West Pakistan and Horticulture Directorate CDA during 1966. The lease period of both the reserve forests expired on 30th June, 1981 and 30th June, 1991, but neither the possession of forest land was handed over back to Punjab Forest Department nor the lease period was extended.

3) It shall be appropriate to mention that in the lease agreement signed between Secretary Agriculture and CDA the following clauses were incorporated;

* The lesse shall not without prior permission of the lessor, transfer or sublet the land or any part thereof of his interest or liabilities or any part thereof under this agreement

* Maintain in good condition boundary marks on the land demarcating the boundaries and limits thereof, in accordance with the directions issued from time to time by the conservator of forests, Rawalpindi.

4) In view of above, the CDA was legally bound to abide by the above clauses as custodian of land under the agreement. But the field formation of this department has reported that recently a private enterprise has encroached upon the Cpt No 34 & 37 of Margalla Reserve Forest, which was under the administrative control of CDA.

5) It has been further reported that a plan for construction of Margalla Avenue, passing through Cpt No 31 &33 near village Labana is also in the pipeline with CDA. The construction of the road also amounts to utilisation of land against the purpose for which it was given on lease. Further, the construction of road will involve cutting of trees and it shall be an environmental hazard in the area (copy of satellite image indicating the encroachment and purposed Margalla Avenue is enclosed).

6) The above situation clearly depicts not only the departure from the agreement drawn between the departments, but illegal encroachment took place in Margalla Reserve Forests without being noticed by the CDA. It is, therefore, requested to kindly take cognisance of both the issues mentioned above and take appropriate action under intimation to this department.

7) It may further be added that the chief minister, Punjab has also desired the constitution of joint committee to be formulated by the federal government comprising the following members for demarcation of Margalla forest against any encroachment.

1. Representative of CDA.

2. Representative of revenue authorities of Islamabad Capital Territory.

3. Representative of commissioner, Rawalpindi.

4. Chief Conservator of Forest, Northern Zone, Rawalpindi.

In this respect the federal government is being requested for notifying the above committee for the needful.”