The Federal Constitutional Court (FCC) has declared invalid the SC ruling ordering the closure of Monal Restaurant and other eateries located inside the Margalla Hills National Park (MHNP). The decision marks a significant legal development in the long-running dispute over commercial activities in the protected area.
A three-member FCC bench, headed by Justice Syed Hasan Azhar Rizvi, announced the verdict on Monday. The ruling came after hearing petitions filed by the Capital Development Authority (CDA) challenging the earlier Supreme Court decision.
The SC ruling ordering the shutdown of Monal Restaurant and the nearby La Montana restaurant was issued on August 21, 2024. Both restaurants were later closed in September as part of efforts to protect the natural environment and biodiversity of the Margalla Hills National Park.
The Supreme Court had also directed the Islamabad Wildlife Management Board (IWMB) to take possession of the properties, including Monal, La Montana, and Gloria Jeans, located within the national park.
However, the FCC accepted the appeals filed by the CDA and the Metropolitan Corporation. It also lifted the stay order and instructed the trial courts to resolve the pending cases as quickly as possible.
According to the court, ownership disputes should be decided by the relevant trial courts based only on the available evidence. It said these courts should not be influenced by the FCC’s observations. The bench also stated that administrative matters should be handled by the concerned regulatory authorities.
Justice Syed Hasan Azhar Rizvi observed that several important legal points were not fully considered in the earlier Supreme Court judgment. He noted that the court had also shown dissatisfaction over the filing of the case and the review petition.
The judge further remarked that certain issues discussed in the earlier judgment were not part of the original case record. He emphasized that judicial decisions should remain based on law and evidence rather than emotions.
During the hearing, Barrister Ahsan Bhoon appreciated the bench for examining the matter in detail. In response, Justice Rizvi said the court would issue its decision strictly according to the legal proceedings. He added that judgments should remain focused on the facts presented before the court.
Justice Rizvi also commented that, after reviewing the earlier judgment, it appeared that several observations extended beyond the matters argued during the hearings.
The latest decision effectively overturns the SC ruling ordering the closure of the restaurants, while leaving the ownership issue to be settled by the trial courts. Administrative questions related to the properties will now be addressed by the appropriate authorities.
The FCC’s ruling does not immediately settle the ownership dispute. Instead, it sets the stage for further legal proceedings in the trial courts. The outcome of those cases will determine the future status of the properties located within the Margalla Hills National Park.
In other news read more about: Why is Monal Restaurant on Margalla Hills Closing?
