By Asif Naveed
ISLAMABAD (MNN); The Federal Constitutional Court (FCC) on Monday overturned the Supreme Court’s 2024 judgment that had ordered the demolition of Monal Restaurant, La Montana and Gloria Jeans located inside the Margalla Hills National Park (MHNP), marking a significant development in the long-running legal dispute.
A three-member bench headed by Justice Syed Hasan Azhar Rizvi, and comprising Justice Aamer Farooq and Justice Syed Arshad Hussain Shah, accepted review petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI) against the earlier Supreme Court ruling.
The Constitutional Court ruled that ownership disputes concerning the land and structures would be decided independently by the trial courts without being influenced by observations made in previous judgments. Administrative and regulatory matters, however, would be determined by the relevant authorities. The court also directed the trial courts to conclude the pending cases at the earliest.
The FCC set aside the Supreme Court’s August 2024 verdict, which had paved the way for the demolition of the restaurants and had directed the Islamabad Wildlife Management Board (IWMB) to take possession of the properties with the assistance of the CDA and Islamabad Capital Territory Police. The court also lifted the earlier stay order.
During the hearing, Justice Hasan Azhar Rizvi remarked that several important legal aspects had not been considered in the Supreme Court’s judgment. He emphasized that courts decide cases strictly according to law rather than emotions.
“We do not decide cases emotionally,” Justice Rizvi observed, adding that irrelevant considerations should not influence judicial decisions. He also cautioned lawyers against praising the court, stating that judgments must stand on solid legal foundations. Referring to the earlier verdict, Justice Rizvi remarked that the court would not write “fairy tales” in its judgments and that several matters outside the actual court proceedings appeared to have been included in the previous decision.
Senior counsel Ahsan Bhoon welcomed the ruling on behalf of the restaurants, but Justice Rizvi responded that there was no need to commend the court, as it was duty-bound to decide cases purely on merit and law.
The case dates back to 2006, when Monal Restaurant was granted a lease inside Margalla Hills National Park. In January 2022, the Islamabad High Court delivered a judgment regarding commercial activities and land ownership within the national park, which was later challenged before the Supreme Court.
In March 2024, the Supreme Court sought complete records relating to the restaurants’ leases and legal status. On June 11, 2024, it ruled that all commercial restaurants operating inside the national park, including Monal and La Montana, must vacate the premises within three months, declaring commercial activities incompatible with environmental protection.
The Supreme Court’s detailed judgment issued on August 21, 2024, described the operators as having damaged the park’s ecology, flora and wildlife, while later dismissing review petitions in September 2024. In October 2024, the CDA informed the apex court that the structures had been demolished and possession of the land had been restored.
During the Constitutional Court proceedings, it was also revealed that the Local Government Islamabad had challenged the closure decision, arguing that Monal owed over Rs63.95 million in outstanding rent and that funds deposited by the restaurant had been transferred to the Islamabad Wildlife Management Board without entitlement. The petition maintained that rental and lease revenues belonged to the local government for municipal services, including development work in villages located within the Margalla National Park.
The Federal Constitutional Court has now raised legal questions over the Supreme Court’s 2024 judgment and directed that all pending matters be decided afresh in accordance with the law.
