FCC overturns SC order on Margalla restaurants

The Federal Constitutional Court (FCC) has overturned the Supreme Court’s 2024 decision that allowed the demolition of restaurant structures inside Margalla Hills National Park.

The ruling was issued by a three-member FCC bench headed by Justice Syed Hasan Azhar Rizvi. Justice Aamer Farooq and Justice Syed Arshad Hussain Shah were also part of the bench.

The case involved restaurants operated by the Monal Group of Companies, La Montana and Gloria Jeans in the national park.

The Supreme Court had ordered the closure of these restaurants in August 2024, citing environmental concerns and the need to protect the park’s biodiversity.

The FCC was hearing review petitions filed by the Capital Development Authority and the Metropolitan Corporation Islamabad against the earlier judgment.

In its decision, the FCC stated that ownership-related disputes should be decided by trial courts. It added that administrative matters would be handled by the relevant authorities according to the law.

The court also directed trial courts to complete proceedings in the pending cases as soon as possible.

During the hearing, Justice Syed Hasan Azhar Rizvi said courts make decisions based on legal principles and evidence rather than emotions or unrelated factors.

Earlier, the Supreme Court had ordered authorities to take control of the properties and proceed with demolition while ensuring minimum harm to wildlife and trees in the protected area.