Navy club case

Rule of law is an established principle in nearly all modern societies. In many cases this rule becomes applicable in selective matters. Such selective application of rule of law is not good for any society. It is in this backup that we must analyse the recent verdict of the Islamabad High Court declaring the building of the Navy Sailing Club by the Pakistan Navy on the banks of the Rawal Dam illegal and ordering that the structure be demolished within three weeks. The court has pointed out that the role of institutions such as the navy is clearly defined in the constitution and does not extend to the building of recreational facilities or the capture of land without legal permission. He has also ordered the auditor general of Pakistan to determine how much the venture cost the citizens of Pakistan.

It is to be seen what action is taken by the Islamabad authorities following the verdict by the court which has directed the CDA to put any orders issued to the navy legitimising the use of the land to build the club before the court and to demolish the building within 21 days. The court has also directed that the details of the entire enterprise be placed before the cabinet and the prime minister. Other such buildings can now also be brought under question and their legitimacy questioned. In addition to the Sailing Club, the navy had built farmhouses on the land which the IHC has noted was illegally acquired, or essentially basically taken into possession without any cover. The precedent is an important one and we need to see if further actions along the same lines are taken by courts or preferably the institutions themselves.

The court has also established an implementation commission to assess any environmental damage that the club may have caused. The 45-page judgment by IHC Chief Justice Athar Minallah is a landmark verdict in that it also ordered the Capital Development Authority (CDA) to take over the naval farmhouses as they had trespassed on the land situated on the embankment of Rawal lake and that too in a protected national park area. This decision by the court is timely and relevant as this has become a practice in the country to build illegal structures and then get them regularised by using incentives or influence. This oversight and condoning of such illegally constructed buildings have made a mockery of building control and regulation. Moreover, if such structures emerge in an ecologically sensitive area in violation of the mandatory provisions, no justification should be acceptable. After this verdict, all builders belonging to non-state or state entities should hopefully think twice before occupying land without lawful authority and jurisdiction. Now that the IHC has ordered the navy to cease all its activities on Rawal lake and hand over the land to the Small Dams Organization there is a need for compliance in all future developments in the area and in other similar areas. The Islamabad Wildlife Management Board (IWMB) should now start restoring the natural habitat in the lake’s surroundings. A thorough forensic audit of PN Farms and Sailing Club will help ascertain the loss to the exchequer. On the court’s order this loss will be recovered from the officers found responsible for committing illegalities in relation to the respective ventures. This verdict should ideally set a fine example of how rule of law must reign supreme so that nobody – individual or institution – can take arbitrary and illegal actions without considering environmental and public interest.