Army’s claim to vast tract of land in Margalla hills lawful: Kh Asif

ISLAMABAD: The piece of Margalla hills land on which a private restaurant is working on lease given by the Capital Development Authority (CDA) actually belongs to the Pakistan Army, former Defence Minister and senior Pakistan Muslim League-Nawaz (PML-N) leader Khawaja Asif says.

This correspondent forwarded to him a post, which talked of a restaurant at Margalla hills after the takeover of its land by the Remount Veterinary & Farms (RV&F) Directorate, General Headquarters (GHQ), Rawalpindi.

Referring to the message, Khawaja Asif explained to The News the history and background of the vast grassland, spread over thousands of acres in the Margalla Hills National Park (MHNP), he came to know as the defence minister in the PML-N cabinet. He acted as his party’s main point man in extending unconditional support, on Nawaz Sharif’s order, to the parliamentary passage of the legislation to give three-year extension to Gen Qamar Javed Bajwa as army chief and earned flak from some of his own colleagues.

He categorically stated that the record dating back to 1893 and 1921 establishes that the army is the owner of not only the land on which the restaurant was built by the CDA in 2005 and leased to the private party but also some more land in the area, which is known as the military farms (MFs). The army’s stand is correct, he said adding that he would also confirm without any hesitation the military’s ownership of this land in the National Assembly or a TV programme.

He said there were five disputes over the land between the military authorities and civilian departments dragging unresolved for decades. During his incumbency as defence minister, he said, the matter came to his table for resolution. At the time, he said he became completely updated about it.

A meeting was held in Nov 2016 under his chairmanship to settle the old dispute of ownership of the large tracts of land.

Khawaja Asif claimed that there had been no clear demarcation of boundaries of the Cantonment Board, Rawalpindi and local/Punjab government, and that some areas had been overlapping.

He said that the disputes could not be resolved even during the eras of military rulers, including Ziaul Haq and Pervez Musharraf while the army authorities did not feel comfortable to take over its land without hammering out the row between different departments.

Khawaja Asif named two bureaucrats, one of them a female, who had headed the relevant departments when he was the defence minister. He said these officers also confirmed on the basis of the record that the army was the owner of this land.

He disclosed that of the total land owned by the army, the military surrendered at least 5,000 acres for the MHNP and has also given some land for a CDA sector without any charges.

According to details, the Monal Restaurant has now started paying monthly rent Rs484,008, to the RV&F. While establishing this eatery by spending a huge amount from the public exchequer, the CDA never thought that the subject land did not belong to it. However, it was enjoying its sole ownership and absolute possession since 1961.

The Nov 2019 meeting decided to give the land in question to its owner, RV&F, after a joint survey and demarcation by the defence ministry and CDA. The Survey of Pakistan was engaged on the request of the RV&F directorate to delineate the military grassland at Margallah Hills. It was started in February 2017 and completed in May 2017, in which a total of 8,655.62 acres was delineated as the military grassland.

In the light of these findings, the RV&F directorate conveyed the leaseholder of the restaurant that his building was located inside 8,655.62 acres of military grassland. He was asked to provide lease documents in addition to the payment of arrears and monthly rents to RV&F directorate instead of the CDA.

The leaseholder wrote several letters to the CDA and Islamabad Mayor, when he was approached by RV&F for submission of monthly rent and arrears. He received no response. When he found that both the civic authorities were avoiding reply or taking up the matter with RF&F, he started paying monthly rent to the RV&F.

Record shows that through notification No SRO 443(1)/80, dated 28th April, 1980, the federal government, established the Margallah Hills National Park (MHNP), under Section 21 of Islamabad Wild Life (Protection, Preservation, Conservation & Management) Ordinance. 1979.

It reads in exercise of the powers conferred by the sub-section (1) of the Ssection 21 of Islamabad Wild Life (Protection, Preservation, Conservation & Management) Ordinance, 1979 (LXX of 1979), the Federal Government is pleased to declare the following areas to be the Margallah Hills National Park: Margallah Reserve Forest comprising compartments numbers, 2 to 5, 7 to 23, 28, 30, to 38 (i) to 41 (ii); Military Grass Farms comprising compartments numbers 1 to 25; lands falling in villages Mangial, Malach Dakhali, Phulgran, Mandia, Jhang, Malpur, (Bijran), Rumli, Narias, Padoh Dakhali, Noorpur Shahan, Ratta Hottar , Saidpur, Dhok Jiwan, Ghandian, Kilinjar, and Saniari; area bounded by Shahrah-i-Kashmir in the north, Shahrah-i-Islamabad in the west and Murree Road in the south and east up to the junction with Shahrah-i- Kashmir and Rawal lake and area within distance of 2 kilometres from the highest water mark of the lake.

In the Margalla Hills, there are as many as 25 military grass farms compartments. A study that deals with the boundary delineation of MHNP by using GIS/RS techniques, was conducted byWWF Pakistan in collaboration with the ministry of environment, Pakistan Petroleum Exploration and Production Companies Association (PPEPCA) under the boundary demarcation and renotification of protected areas project.

According to the study, historically, the area was covered with reserve forest of two categories ie. “rakhs” (military grass farms) and “chaks” (private holdings). These areas were taken controlled by the CDA in 1960s. Illegal grazing and collection of fuel wood are the persistent problems. The loss of grass habitat on southern slopes (former rakhs) is likely to be associated with the disappearance of cheer pheasant.

The MHNP was declared as wildlife sanctuary under the West Pakistan Wildlife Protection Ordinance, 1959. Subsequently, it was declared as National Park on 27th April 1980 under Section 21(1) of the Islamabad Wildlife Protection, Conservation and Management Ordinance, 1979. According to the current notification, the total area of the MHNP is 17,386 hectares. The MHNP comprises compartments 2-5, 7-23, 28, 30-38(i) and 41(ii) of Margallah Reserve Forest, 1 to 25 of the Military Grass Farm together with Rawal Lake and its buffer area of two kilometres from the highest water mark.