Federal Constitutional Court overturns SC order to demolish Monal restaurant

ISLAMABAD: The Federal Constitutional Court on Monday overturned the Supreme Court’s (SC) decision ordering the demolition of the Monal restaurant in Islamabad’s Pir Sohawa area, allowing appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).

The SC judgment was issued on June 11, 2024, which had ordered the demolition of the restaurant in amid hue and cry. The verdict was authored by former chief justice Qazi Faez Isa, who headed the bench that directed authorities to remove the restaurant. The restaurants were asked to vacate within three months.

The constitutional bench also vacated the stay order issued in the case and ruled that trial courts would decide ownership disputes independently, without being influenced by observations made in previous judicial proceedings.

The court directed the trial courts to decide the pending cases as expeditiously as possible, while clarifying that administrative matters related to the dispute should be determined by the relevant regulatory authorities.

During the hearing, Justice Hassan Azhar Rizvi observed that several important aspects had not been taken into account in the Supreme Court’s judgment. He remarked that the court had even expressed displeasure over the filing of the case and subsequent review petitions.

Justice Rizvi further said the earlier judgment contained matters that were not part of the case record, stressing that the constitutional court would not deliver an ’emotional’ verdict. He added that the bench would decide the case strictly on the basis of the proceedings before it and would not include matters unrelated to the judicial record.

Representing one of the parties, lawyer Ahsan Bhoon said the court had examined the case thoroughly. In response, Justice Rizvi remarked that the bench would issue its decision based solely on the arguments and evidence presented during the hearings.

The SC verdict

On June 11, 2024, SC ordered the closure of all restaurants operating within Islamabad’s Margalla Hills National Park, which also included the popular Monal restaurant, on the grounds that commercial activities could not continue inside a protected national park.

The court directed the restaurants to vacate the area within three months, with Monal voluntarily agreeing to relocate by September 11, 2024.

Former CJ Isa, who headed the bench, had observed that businesses could not be allowed to operate in the national park and instructed the Capital Development Authority (CDA) to give priority to the affected restaurants if alternative sites outside the protected area were leased.

Following the verdict, Monal announced it would cease operations after serving customers since 2006, describing the closure as an emotional farewell and thanking patrons for their support over nearly two decades. The restaurant said it had been committed to promoting a positive image of Pakistan and its people throughout its years of operation. The SC’s ruling had also directed the CDA to ensure that all commercial establishments within the national park were removed in accordance with environmental protection laws.