IN THE SUPREME COURT OF PAKISTAN 
       (Review Jurisdiction) 
 
 
Present: 
 
Mr. Justice Jawwad S. Khawaja 
 
 
Mr. Justice Ejaz Afzal Khan 
 
 
Mr. Justice Maqbool Baqar 
 
 
CRPs Nos.315-316 of 2013 in CMAs-6158-6159/13 in SMC-20 of 2007 
AND 
Crl.O.P. No.115 of 2014. 
  
National Highway Authority thr. its Chairman   
…Petitioners in both petitions  
Israr Ahmed & others  
 
 
     
 
…Petitioners in Crl.O.P.115/14 
Versus 
Roedad Khan 
 
 
 
                 …       Respondent in both petitions  
Maroof Afzal, Chairman, and others 
 
    …   Respondents in Crl.O.P.115/14 
 
For the petitioner(s): 
Malik Shakil-ur-Rehman, ASC (In CRP 315-16/13) 
 
 
 
 
Syed Nayab Hassan Gardezi, ASC 
 
 
 
 
(in Crl.O.P.115/14) 
 
For the respondents-1,4&5: Mr. Munir Paracha, Sr. ASC 
Hafiz S. A. Rehman, Sr. ASC 
 
 
 
 
Hafiz Hifzur Rehman, ASC/Legal Advisor  
 
 
 
 
Syed Mustafain Kazmi, Member (Environment) 
 
 
 
 
Dr. Sheikh Suleman, DG, (Environment) 
 
 
 
 
Rana Tahir Hassan, Director (Environment) 
 
Other respondents:  
N.R. 
Date of hearing: 
 
18.03.2015 
ORDER 
 
Jawwad S. Khawaja, J.- Crl. O. P. 115/2015: When this case was called, a letter 
dated 17.3.2015 was placed before us through Crl. M.A. No.245 of 2015 which had been 
issued by Bashir Ahmed (Director Industries and Labour) ICT. The contents of the letter are 
reproduced below because of their relevance:- 
“In pursuance of the Supreme Court of Pakistan’s orders dated 16th March, 2015, in 
CRPs No. 315, 316 of 2013 in CMAs-6158-6159/13 in SMC-20 of 2007 AND 
Crl.O.P.No. 115 of 2014, Mining Lease of M/s FECTO Cement Limited issued vide 
letter No.DDI&MD/ICT/LL-5/Vol-1/2467, dated 21-12-2011 is hereby cancelled with 
immediate effect. You are directed to stop all activities and remove all installation 
forthwith”  
 
 
2. 
Upon the cursory examination of the letter, it is evident to us that the name of this 
Court has been used in an unjustified manner because we had unambiguously mentioned 
in our order of 16.3.2015 that we would ensure compliance of our order of 25.10.2013, the 
relevant part thereof, for ease of reference, is reproduced: 
“5.   Thus, Chairman CDA, Chairman NHA and any other executing agency are 
hereby restrained not to undertake any exercise towards the construction of Tunnel in 
the Margallah Hills enroute to the Province of KPK, nor CDA shall grant licence of 
crushing stones from the Margallah Hills. The Chairman CDA is further directed to 
constitute a team which shall put up a report that no activity of constructing of 
Tunnel or crushing of stones or encroachment or any other activity in the National 
Park is going on. If there is any such activity, the same shall be stopped at once. Copy 
of the compliance report shall be submitted before this Court through Registrar for our 
perusal in Chambers and passing further orders if need be”. 
 
3. 
We may note that the Director (Industries and Labour) was directed telephonically 
to appear and explain the contents of his letter. However, because it was already much 
after Court hours and he was unable to reach the Court before we rose for the day, the 
matter is being adjourned for hearing tomorrow i.e. 19.3.2015.  
 
  
Judge  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
     Judge  
 
 
 
 
 
Judge 
ISLAMABAD 
18.03.2015 
M. Azhar Malik/* 
 
