Supreme Court confirms removal of Monal, other restaurants after dismissing appeals

Apex court rejected petitions to review its decision, reinforcing the order to remove restaurants.

The Supreme Court of Pakistan has dismissed review petitions challenging its decision to remove Monal, La Montana, Gloria Jeans, and other restaurants operating within the National Park area, upholding its earlier ruling.

In a brief judgement, the court maintained that the restaurants had voluntarily agreed to cease operations within three months.

It criticised the filing of review petitions as "disrespectful," stressing that honouring the commitment to close the establishments was essential.

The Supreme Court had previously ordered the Capital Development Authority (CDA) to prioritise these restaurants for lease in alternative locations.

 

 

 

 

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However, the court has now withdrawn this observation, removing any preferential treatment for new leases.

The ruling further emphasised that the court's decisions must be followed exactly as outlined, without any deviations.

SC directs relocation of Monal from Margalla Hills National Park

The Supreme Court of Pakistan issued a comprehensive 25-page judgment regarding the relocation of Monal Restaurant from the Margalla Hills National Park on Thursday.

The judgment, authored by Chief Justice of Pakistan Qazi Faez Isa, emphasises the fundamental rights to life and dignity, as enshrined in Articles 9 and 14 of the Constitution.

The judgment states: “The fundamental right to life, and to live it with dignity (respectively Articles 9 and 14 of the Constitution) is to live in a world that has an abundance of all species. It has been scientifically well-established that if the Earth becomes bereft of birds, animals, insects, trees, plants, clean rivers, and unpolluted air and soil, it will be the precursor of our destruction. Scientific research confirms that nothing in nature is without value and purpose.”

According to the court order, on September 11, the Wildlife Board will take possession of Monal, La Montana, and Gloria Jean's restaurants, with the full assistance of the Capital Development Authority (CDA) and the Islamabad Capital Territory Police.

 

 

 

 

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The entrances to the area will be barricaded, and the structures will be demolished with minimal disturbance to the wildlife and with care taken to avoid damaging the trees of the National Park. The debris will be properly removed and disposed of outside the National Park's precincts.

The Wildlife Board has been tasked with determining the best way to utilise the mountain ridge where these restaurants were located.

They may consult experts and environmentalists to decide whether the foundations of these structures should be removed or repurposed, potentially to create an artificial lake for collecting rainwater, which could be used to extinguish fires in the National Park.

The judgment further stipulates that under no circumstances should the buildings be left abandoned or derelict, nor should any debris be left on the site. Every effort must be made to restore the land as an integral part of the National Park.

It was also noted that the lease agreement between Monal Restaurant and the CDA has already expired.

The judgment mandates the secretary of the Ministry of Climate Change and the director general of the Environmental Protection Agency to jointly conduct a survey of Monal Restaurant and other buildings in the area to assess the environmental damage. They are to take necessary measures to prevent further environmental degradation.