FCC declares Monal restaurant demolition order null and void

ISLAMABAD: The Federal Constitutional Court (FCC) has declared the decision ordering the demolition of Monal Restaurant in Pir Sohawa null and void, accepting appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).

In its ruling, the court also vacated the stay order and directed that all cases related to ownership and property rights be decided independently by the relevant trial courts without being influenced by observations made in previous judgments.

The Constitutional Court instructed the trial courts to dispose of the pending cases at the earliest, while clarifying that administrative and regulatory matters would be decided by the competent authorities and regulatory bodies.

During the hearing, Justice Hassan Azhar Rizvi observed that several important aspects had not been considered in the Supreme Court’s 2024 judgment. He remarked that certain observations contained in the ruling were unrelated to the actual facts of the case.

“The court will decide matters according to the law and not on emotions,” Justice Rizvi said, adding that decisions would be based solely on the record and arguments presented before the court.

He further remarked that judicial decisions should be confined to legal issues arising from court proceedings and should not include matters beyond the scope of the case.

Lawyer Ahsan Bhoon, representing one of the parties, told the court that the case had been examined thoroughly.

Background of the Monal Case

Monal Restaurant was established in 2006 after obtaining a lease for a site within Margalla Hills National Park.

The legal dispute began following a January 2022 Islamabad High Court ruling concerning commercial activities and land ownership within the national park.

Subsequently, the matter reached the Supreme Court, which sought records from the CDA, Islamabad Wildlife Management Board and other relevant institutions.

On March 21, 2024, the Supreme Court directed authorities to provide details regarding the legal status, leases and ownership of restaurants operating within Margalla Hills National Park.

On June 11, 2024, the Supreme Court issued a landmark judgment, ordering Monal Restaurant, La Montana and other commercial establishments to vacate the national park within three months, ruling that commercial activities were incompatible with environmental protection objectives.

The court later issued contempt notices and rejected review petitions filed by Monal and other affected businesses, ultimately upholding its original decision.

In October 2024, the CDA informed the Supreme Court that the structures of Monal, La Montana and other establishments had been demolished and the land recovered.

Review Petition

During the latest proceedings, the CDA and MCI argued that the closure of Monal had financial implications for local government institutions.

According to the petition, Monal allegedly owes approximately Rs639.55 million in rent and lease payments. The petition also contended that funds deposited by Monal were transferred to the Islamabad Wildlife Management Board without legal entitlement.

The petitioners maintained that the rental and lease revenues belonged to the local government and were intended for municipal services in Islamabad, including villages located within the Margalla Hills National Park area.

The Constitutional Court’s ruling has reopened legal questions surrounding the ownership, lease arrangements and administrative jurisdiction over commercial properties previously operating in the national park.