This Court took pain of highlighting various defects discernable from the improper working of different departments, affecting adversely the ecosystem of Murree in particular and the province in general. It is expected that the Government of Punjab will take immediate steps for addressing the problems and deficiencies highlighted above. In addition to the observations given in the preceding paras, the instant petitions are disposed of in the following terms:-
(i) The event which led to the loss of 22-lives since does not give rise to any criminal aspect, thus the registration of case is not warranted. Still, the Government of Punjab cannot be absolved from its responsibility and mishandling of affairs in the region by various departments which can be described as one of the causes behind the tragedy. In such circumstances, the Government of Punjab who has paid Rs.800,000/- (rupees eight lac only) to the families of each victim is directed to enhance the amount appropriately.
(ii) The NDMA and PDMA are directed to devise proper plan for achieving the object of NDM Act 2010 by making plans of Disaster Management in areas vulnerable to calamities. They are also directed to organize specialized training programmes for officials, voluntary rescue workers and members of communities. The representatives of the Metrological Department be included in the structure of DDMA.
(iii) Punjab Highway Department is also directed to hire the services of persons having competency and skills to handle equipment including the snow blowers. They are further directed to utilize their own resources for sprinkling salt on the roads instead of outsourcing it to the private contractors as it was being done previously. It is further directed that for effective management a committee headed by Commissioner Rawalpindi be formed which can pool all machinery/equipment and man-power of civil and armed formations for proper utilization in snow season.
(iv) The Government of Punjab is also directed to ensure the implementation of construction policy in Murree and further to demolish the illegal structures after giving notice to their respective owners and providing them an opportunity of hearing in accordance with law. It is further directed that already existing building by-laws of Murree be replaced so as to bring them in conformity with Environmental Protection measures and preferably a restriction be imposed that in future at least forty percent of the plot be left vacant and construction be allowed only on the sixty percent of the plot. The Government of Punjab is further directed to promote the construction of prefab homes in Murree region which besides being cost effective and environment friendly can also be built without mountain cutting and excavation.
(v) The Government of Punjab is also directed to consider the construction of Parking Plazas in the outskirts of Murree and vehicles be permitted to enter the town with some restrictions and limitations, preferably by charging appropriate tourism fee through proper receipts to be collected by Municipal Committee and the revenue so generated be spent in the same area. For facilitating the tourists to reach the town of Murree from the Parking Plaza, neat and clean public transport be arranged. The motorists be restrained from parking their vehicles on both sides of the roads. The parking of vehicles be allowed only on one side of the road that too after paying parking fee, which appears to be reasonable to the concerned authority.
(vi) To manage the traffic inflow in the Murree, a Joint Coordination Committee comprising upon representatives of Galiyat Development Authority, Islamabad Capital Territory and Administration of Murree be established empowering them to take decisions for the closure of roads in snow season, if the circumstances so warrant. Murree Administration is directed to obtain FM radio frequency for proper guidance of tourists in respect of available parking spaces, hotel bookings and on ground load of visitors etc. The steps in this regard be taken in consultation with business community of Murree so as to save them from financial strangulation.
(vii) The Government of Punjab is further directed to add topics pertaining to traffic discipline, cleanliness and environment in the educational curriculum at least upto intermediate level so as to inject discipline and generate importance of ecofriendly environment amongst the coming generation.
(viii) The Punjab Environmental Protection Agency is also directed to give a practical effect to the requirement of Environmental Impact Assessment and examination in every project. Likewise, the Agency is further directed to control emissions of toxic gasses from vehicles and industrial units throughout the province of Punjab.
(ix) Murree Administration is directed to impose complete ban upon the use of plastic bags in the city and to clean all the water channels leading to Rawalpindi-Islamabad. For improving the sewerage system and for proper waste disposal, immediate steps be taken. While doing so, companies and manufacturers be persuaded to contribute in the environment in accordance with the concept of Corporate Social Responsibilities. Likewise, water treatment plants be immediately installed at the water channels leading to Simly Dam and Rawal Dam. At the same time, the Capital Development Authority be persuaded rigorously to install water treatment plants at the water channels, stemming out from its territory, leading to the afore-mentioned water reservoirs.
(x) Punjab Wildlife Department and Forest Department be properly equipped with sufficient manpower for the preservation of forests and conservation of wildlife. The laws to deal with delinquencies of forest theft and poachers be re-visited by providing strict punishments to the violators. Immediate steps be taken for the removal of encroachments and illegal occupation of forest lands. Possibility of providing LPG to the residents of Murree on subsidized rates as alternate source of energy be looked into. The subordinate courts in the province of Punjab are directed to put the cases registered on the complaints of afore-mentioned two Departments at fast track and to decide them expeditiously.
(xi) NHA is also directed to protect every single inch of its land and to proceed against the encroachers in accordance with law for the restoration of its possession.
(xii) A tree plantation campaign be launched in the province during upcoming season and plantation be made which is suitable for the conservation of the birds. The Government of Punjab is directed to ponder upon the possibility of introducing tenure posts in Wildlife and Forest Departments for proper implementation of policies by making respective officers responsible in this regard. The residents of houses constructed on land not less than 10-marlas be persuaded to plant at least one tree in their houses, preferably the one suitable for the nesting.
(xiii) The D.G. Anti-Corruption Punjab is also directed to constitute a team for examining the construction affairs of Murree and Kotli Sattian and if any criminal misdeed is found divulging therefrom, an appropriate action be taken. Likewise, D.G. FIA is also directed to look into the affairs of NHA which resulted in unchecked encroachments upon the State land and to proceed through the registration of FIRs, if legally warranted.
(xiv) The notification No.SOFT (EXT)XII-2/2009 dated 15.09.2009 whereby Murree and Kotli Sattian was declared as National Park Area be given practical effect by taking immediate steps. (xv) The construction of a bypass road leading to Galiyat be considered for decreasing traffic stress on Kuldana crossing.
(xvi) The data of all the hotels, guest houses, apartments and residential buildings used for commercial purposes be collected and they be regularized through centralized software/link to monitor their working/business through proper legislation. At the same time, the provisions of Punjab Hotels and Restaurants Act, 1976 be properly implemented.
(xvii) The Government of Punjab is still at liberty to look into the causes which led to the tragic incident of 7th January, 2022 and if delinquency of any official surfaces on record, to proceed against him.
(xviii) The Federal Government is also directed to draw an impeccable system of weather forecast through which the concerned departments be timely intimated. The failure to impart timely weather forecast to appropriate departments be probed and actions be taken against officials of Metrological Department and PDMA/NDMA by appropriate governments.
(xix) The Tourism Department, Government of Punjab is also directed to develop properly more tourist resorts at various places but while taking precautions to preserve the ecosystem.
W.P.No.91 of 2022 (Rizwan Ellahi & another v. Province of Punjab & 8 others) and W.P.No.106 of 2022 (Muhammad Sufian Abbasi & 3 others v. Province of Punjab & 8 others) and
W.P.No.107 of 2022 (Faraz Ahmed & another v. Province of Punjab & 8 others) and W.P.No.136 of 2022 (Bar Association Murree v. Province of Punjab & 10 others)
Announced in open Court on 07.11.2022
0 Comments