FCCP Sets Aside Supreme Court Verdict in Monal Restaurant Case, Allows CDA and MCI Appeals

ISLAMABAD, Jul 13 (APP): The Federal Constitutional Court (FCC) on Monday set aside the Supreme Court’s 2024 judgment in the Monal Restaurant case, allowing appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).A Constitutional Bench headed by Justice Hassan Azhar Rizvi announced a short order, vacating the stay order and ruling that issues relating to the ownership of the property would be decided independently by the trial courts without being influenced by the observations made in the earlier Supreme Court judgment. The court directed the trial courts to decide the pending cases at the earliest, while administrative matters would be determined by the relevant regulatory authorities. During the hearing, Justice Hassan Azhar Rizvi observed that several important aspects had not been taken into consideration in the Supreme Court’s judgment. He remarked that expressing displeasure merely because a case or a review petition had been filed was inappropriate. He further observed that the judgment contained matters that were unrelated to the facts of the case. The court does not deliver emotional judgments. Our decisions are based on law and the available record,” Justice Rizvi said, adding that the court would issue orders strictly based on what had been argued during the proceedings. He also noted that, after reading the earlier judgment, it appeared to include several observations that fell outside the scope of the court proceedings. Appearing on behalf of Monal Restaurant, counsel Ahsan Bhoon told the court that it had examined the case in great detail. Justice Rizvi, however, responded by asking counsel not to praise the bench during the proceedings. Monal Restaurant was granted a lease in 2006 to operate within the Margalla Hills National Park. The matter remained under litigation before the Islamabad High Court and later the Supreme Court. On June 11, 2024, the Supreme Court ordered Monal, La Montana and other restaurants to vacate the national park, holding that commercial activities inside the protected area were inconsistent with environmental conservation principles. Subsequently, the CDA informed the court that Monal, La Montana and other structures had been demolished and the land had been reclaimed. In appeals filed before the Federal Constitutional Court earlier this year, the CDA and MCI argued that the Supreme Court’s decision had deprived the local government of lease rentals and other dues that would otherwise have been utilised for municipal services in Islamabad and development of villages surrounding the Margalla Hills National Park.Accepting the appeals, the Federal Constitutional Court set aside the Supreme Court’s 2024 judgment.