PHC maintains status quo in case against GDA

ABBOTTABAD: Peshawar High Court Circuit Bench at Abbottabad has provided interim relief to Galiyat Tahafuz Movement (GTM) and maintained status quo in a case filed against Galiyat Development Authority (GDA) for provision of 110 kanals land to a private company Manal Group on long-term lease for the Ayubia chairlift.

The two-member bench comprising Justice Ibrahim Khan and Justice Shakeel Ahmed, in writ petition No 1137-A /2021, passed the short order and issued notice to the parties. Syed Amjad Shah advocate represented and argued for the petitioner while Rashid ul Haq Qazi advocate was present for the respondents.

Galiyat Tahafuz Movement, a community-based social organisation, filed writ through its Chairman Muhammad Sabir and Vice-Chairman Sardar Iftikhar and members in which Director General & Board of GDA, Wildlife & Forest Departments, M/s Monal Group /A-Cube Pvt Limited and contractor Ayubia chairlift Muhammad Ayaz Khan were made parties.

The petitioners stated that long-term lease agreement made by GDA with M/s Monal Group for provision of 110 kanals land is unlawful, illegal and ultra vires to the provision of Forest Act, Wildlife Act, Galiyat Development Authority Act also in conflict with fundamental rights of the locals.

The petitioners further stated that a 60-kanal patch of land was falling under the jurisdiction of Ayubia National Park. They also produced relevant laws including Khyber Pakhtunkhwa Forest Ordinance 2002 and Khyber Pakhtunkhwa Wildlife & Biodiversity Act 2013, which have been violated by GDA.

The bench, after hearing the arguments, granted status quo to the petitioner and asked the respondents for their comments within a fortnight. The court fixed October 19 as the next date of hearing.