ISLAMABAD: The Federal Constitutional Court (FCC) has overturned the order that led to the demolition of Monal Restaurant at Pir Sohawa, accepting appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation.
The court ruled that the dispute over the ownership of the land should be decided by the relevant trial courts, free from the influence of observations made in earlier judicial proceedings. It also instructed the lower courts to conclude the pending cases as quickly as possible, while stating that administrative and regulatory issues should be handled by the appropriate authorities.
The decision effectively revisits an earlier Supreme Court ruling issued on June 11, 2024, which had directed the closure of Monal Restaurant and other eateries operating within the Margalla Hills National Park. The Supreme Court bench, headed by then Chief Justice Qazi Faez Isa, had rejected the CDA’s report and ordered all restaurants in the protected area to shut down within 90 days.
During the constitutional court proceedings, Justice Hassan Azhar Rizvi observed that the previous Supreme Court judgment had overlooked several significant legal aspects. He also questioned both the initiation of the original case and the review petition that followed.
Justice Rizvi further remarked that the earlier verdict addressed issues that were not part of the pleadings before the court. He stressed that the Constitutional Court would decide the matter strictly on legal grounds rather than emotion, adding that the bench had carefully examined all relevant aspects before reaching its conclusion.
Representing the petitioners, counsel Ahsan Bhoon submitted that the bench had conducted a detailed review of the case. Justice Rizvi responded by advising counsel to avoid complimenting the court, reiterating that its judgment would be based solely on the law and the record. He added that the ruling would remain confined to the legal questions involved and would not include unnecessary commentary or narrative.
