The Islamabad High Court (IHC) on Monday reserved its judgment on a miscellaneous petition by Monal Restaurant's administration against the Capital Development Authority (CDA) taking the land's possession without giving time to the owner to vacate the premises.
A two-judge bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the case. At the outset of hearing, the court asked the Deputy Commissioner (DC) Islamabad Capital Territory (ICT) that who would be responsible if any belongings of the owner went missing.
The court had clearly given instructions in its order for giving time to the Monal Restaurant's administration to remove their possessions from the land.
The DC said that they had formed a committee in this regard.
Justice Aamer Farooq remarked that many things would be clarified in detailed judgment of the single-member bench, but it was clear that the owner of Monal should be allowed to take away his equipment.
The court informed the lawyer of Monal Restaurant that the owner can collect his paraphernalia from the site.
Monal's lawyer said that the CDA may award the land in question to someone else, at which Justice Farooq remarked that now it was clear that no commercial activity could take place on the said land. The counsel prayed the court to issue a stay order against the current situation of Monal.
Published in The Express Tribune, February 8th, 2022.
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