By: Kainat Saif
Half and contradictory truths mentioned in the report, make objectivity of it questionable. Under the concept of decentralisation of powers, the committee has failed to acknowledge the separate roles and responsibilities of the federal and provincial governments. That said, Civil Administration Act 2017 establishes the duties of district administration and it can not go beyond the limits of its mandate as it’s ultra vires. In times of natural calamities no one shall be left to suffer, it is the moral obligation of authorities to help the victims. However, no one can be liable legally for not doing the same due to any reason. In report the blame shifting towards rawalpindi district management so as to undermine its efforts is a concerning factor and is securing the interests of real perpetrators. For example there was not a proper hiring of contingent staff by highway department, IESCO, Rescue 1122, territorial limits of ICT administration, NHA, and other federal agencies. The committee has overlooked many facts including and not limited to limited resources, unprecedented 17 inches snowfall, factor of human error even after due diligence and good faith, no prior warning alert by met, NDMA, and PDMA.
Recommendations such as murree’s upgradation to district, establishing exit and entry counting system and modern early warning system, implementation of strict building control, preparing a master plan for tourism development, placement of modern gadgets and equipment etc are workable solutions only if performed by the relevant authority with due care.
As to talk about district administration, generally, the lessons learnt shall be in accordance with two principles: antifragility and isomorphic mimicry. Antifragility is beyond resilience or robustness, things literally gained from disorder. The resilient resists shocks and stays the same; the antifragile gets better (Nassim Taleb). Isomorphic mimicry with contextualising the ground realities can help, too. Sticking to the murree incident, district administration shall be more mindful when it comes to coordination to do it more effectively by giving loud and clear messages to relevant authorities. Lastly, reinforcing the specialised abilities of the policy implementation through modernization and innovation dispersion is important for working on the nature of administration conveyance and to transform the public area into a development driver.
This proves to be a critical juncture so as to delegate powers properly. The gist of recent court order regarding the same is that Interim injunction of courts to implement laws of land as no specific provisions available to protect hills from destruction. (including murree, kahuta and kotli satian).
Ac murree, Mr. Waqas submits that after the recent murree incident working on making murree an independent district is underway. Ali Tauqir, independent expert on Climate change, argues that Murree is not a rocky landscape but porous hence no high-rise building can be allowed. Specific legislation to be made so as to make it a climate smart city. Mr. Asif shahzad submits he will assist the P.G to ensure mountain ecosystem principles as laid in PLD 2019 Lahore 664 (To draft the punjab urban and pre urban forest policy 2019)
GIS based mapping system and satellite images being set as per directions of courts at kotli sattian, kahuta national park and murree by WWF.
Mention of Bhurban declaration to strengthen environmental tribunals and establish green benches where they exist and consider doing the same where they don’t exist. Mention of suo motos, New murree project (2010 SCMR 361), Islamabad chalets and pir sohawa valleys villas (2005-2006 SC of Pak GJ edition, 106) ecosystem of margalla hills was disturbed by a housing society in question and no genuine efforts were made by government but just a notification which doesn’t serve the purpose.
Text from three books Murree during the raj a british town in the hills, Once upon a time in murree, and Mystique of murree is reproduced. The gist of the text includes and not limited to construction of buildings more than planned, influx of population by seasonal residents, waste disposal, water management issues (lack of it), and erosion. Different articles from the constitution (from chapter of fundamental rights) have been quoted (mentioning different judgements). Emphasising the administration shall work upon the issues to resolve them.
Under the concept decentralisation of powers, In the Muhammad Yousaf Case the court disccused the roles of provincial and fedral govt also the elimination of concurrent list and stressed the provincial government to made and implement laws where necessary and comes under provincial mandate. In the present case the relevant respondent is the ministry of climate change to make national policy, plan, strategies and programs with regard to disaster management, environmental protection etc. The Pakistan environmental protection agency is attached to the ministry. Both the ministry and agency are to make legislation for murree hills under federal rules. Under punjab govt rules environment protection, disaster management department, and tourism department may legislate and make policies.
On Direction of courts various laws (acts, ordinances, policies) have been made by subject matter experts. Mention of different acts, policies in point 7 page 9. The Commissioner under his chairmanship is directed to constitute a committee including all stake-holders which includes relevant authorities mentioned above and subject matter experts. Meeting of the committee shall be held on 8th feb, 11am at commissioner office and will be co-chaired by Ali Tauqir and Hammad Naqi. The purpose of the meeting will be to draft the law on preservation, conservation and the protection of murree hills. The law to be called as THE MURREE HILLS ECO SYSTEM (PRESERVATION, CONSERVATION, AND PROTECTION) ACT 2022. The outcome of the first meeting shall be produced before the court in writing on next hearing. All the 6 points shall be looked into during the meeting.
The writer can be reached at [email protected].