FCC overturns SC ruling ordering Monal's demolition

The Federal Constitutional Court (FCC) on Monday overturned the Supreme Court's 2024 ruling ordering the demolition of Monal restaurant at Pir Sohawa, allowing appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).

The restaurant was granted a lease by CDA in 2006 to operate within the Margalla Hills National Park. The decision was challenged before the Islamabad High Court and later the Supreme Court.

A constitutional bench headed by Justice Hassan Azhar Rizvi issued a short order vacating the earlier ruling and directed that questions relating to the ownership of the property be decided independently by the relevant trial courts, without being influenced by observations made in the SC's judgment.

Also Read: SC gives finality to Monal verdict

The court also directed the trial courts to decide the pending cases expeditiously, while administrative matters relating to the property would be determined by the relevant regulatory authorities.

During the hearing, Justice Rizvi observed that several important aspects had not been considered in the SC's earlier judgment. He also remarked that expressing displeasure merely because a case or review petition had been filed was inappropriate.

"The court does not deliver emotional judgments," Justice Rizvi said, adding that its decisions were based on the law and the available record.

He further observed that parts of the earlier judgment appeared to deal with matters that fell outside the scope of the proceedings before the court.

Read More: Experts back SC orders to save Margalla Hills

Monal was granted a lease by the CDA in 2006 to operate within the Margalla Hills National Park. The lease was later challenged before the Islamabad High Court and subsequently the SC.

On June 11, 2024, the SC ordered Monal, La Montana and other restaurants operating within the national park to vacate the premises, holding that commercial activities in the protected area were incompatible with environmental conservation principles. The CDA later informed the apex court that the restaurants had been demolished and the land reclaimed.

In their appeals before the FCC, the CDA and MCI argued that the SC's ruling had deprived the local government of lease rentals and other revenue that could otherwise have been used to provide municipal services in Islamabad and support the development of villages surrounding the Margalla Hills National Park.