RAWALPINDI: The Lahore High Court Rawalpindi Bench has declined to suspend further development of the Federal Government Employees Housing Authority Sky Garden housing project along the Murree Expressway, while directing authorities to plant more trees than those removed during construction to offset environmental impact.
Justice Jawad Hassan issued the directions while hearing a constitutional petition filed by local landowners, including Syed Nauman Shah, who challenged the legality of the housing scheme in Mouza Mangel and Kathar. The petitioners argued that the project was launched without obtaining mandatory no objection certificates and in violation of environmental laws and Supreme Court directives.
Counsel for FGEHA Syed Qalb i Hassan objected to the maintainability of the petition, stating that it contained vague and multiple prayers. He maintained that all required approvals had been secured before the project’s launch and asserted that the land was not classified as forest area. He further argued that billions of rupees had already been invested and halting the project at this advanced stage would cause irreparable financial loss.
During the hearing, the court examined the scope of Clause One A of Article 199 of the Constitution introduced through the 26th Constitutional Amendment in October 2024. Justice Hassan referred to multiple precedents, including Kakakhail Traders versus Province of Punjab, emphasising that high courts cannot grant relief beyond the specific prayers made in a petition.
The court also cited judgements related to vested rights, judicial estoppel and environmental compliance, while granting respondents additional time to place on record documents regarding approvals, expenditures and the completion status of the project.
While refusing to issue a stay order, the court stressed the need to balance development with environmental protection and directed enhanced tree plantation to compensate for ecological loss. The case was marked part heard and adjourned until February 19.
Meanwhile, in a related environmental matter, the Islamabad High Court has extended its ban on tree felling in the federal capital until February 13. The court was informed that several cases related to tree cutting are pending, prompting the extension to ensure comprehensive hearing of all matters.
