FCC set aside Supreme Court judgment ordering demolition of monal restaurant

The Federal Court on Monday set aside a Supreme Court judgment from August 2024 that had paved the way for the demolition of infrastructure developed by the Monal Group of Companies, La Montana, and Gloria Jeans inside the Margalla Hills National Park. The Supreme Court had ordered the closure of Monal and La Montana on August 21, 2024, directing that the areas be barricaded and the infrastructure demolished to protect the park’s biodiversity.

The FCC, headed by Justice Syed Hasan Azhar Rizvi, took up review petitions filed by the Capital Development Authority and the Metropolitan Corporation Islamabad, challenging the Supreme Court’s directive to the Islamabad Wildlife Management Board to take possession of the restaurants. The court also set aside an order from the Supreme Court and dismissed it, ruling that disputes related to ownership would be decided by trial courts, while administrative matters would be decided by relevant regulatory bodies. The FCC also directed the trial courts to decide the pending cases as soon as possible.

During the hearing, Justice Rizvi regretted that several issues had not been taken into account in the Supreme Court’s decision, observing that the court never decides matters on the basis of emotions but according to the law, while disregarding irrelevant or extraneous considerations. Senior counsel Ahsan Bhoon appreciated the court’s decision on behalf of the restaurants, but Justice Rizvi replied that there was no need to praise the court, saying that it should always decide matters that were founded on a firm basis.

The Supreme Court’s 2024 judgment had declared Monal Group’s Luqman Ali Afzal to be no better than a trespasser, stating that he had no legal right to continue possessing the land at the park. The court had also observed that the operators of the restaurants, and those who permitted them to operate, had disregarded the integrity of the national park, ravaged its trees and flora, and displaced and disturbed endemic bird and animal life. The natural environment of the park had been adversely affected, along with its functions, such as acting as a catchment area for rainfall.

The FCC’s decision to set aside the Supreme Court’s order represents a significant development in the long-running legal battle over the restaurants in the national park. The case has now been sent back to the trial courts for a fresh determination, with the FCC emphasising that administrative matters must be decided by the relevant regulatory bodies. The future of the Monal, La Montana, and Gloria Jeans restaurants now depends on the outcome of the pending cases in the lower courts.