Key Takeaways
- The Federal Constitutional Court (FCC) has ruled that the Supreme Court (SC) and Islamabad High Court (IHC) decisions to close restaurants in Margalla Hills were a 'grave miscarriage of justice'.
- The FCC upheld the Capital Development Authority's (CDA) and Metropolitan Corporation Islamabad’s (MCI) review petitions, reversing earlier rulings.
- Monal Restaurant and other commercial establishments within the national park will now be allowed to operate under new regulations.
In a significant legal development, the Federal Constitutional Court (FCC) has ruled that decisions by the Supreme Court (SC) and Islamabad High Court (IHC) leading to the demolition of restaurants in Margalla Hills National Park were an 'exceptional transgression' of judicial power. The FCC's ruling on Wednesday declared these earlier rulings a 'grave miscarriage of justice'.
The SC had ordered the closure of Monal Restaurant and its adjacent La Montana restaurant on August 21, 2024, citing the need to protect the park’s biodiversity. These establishments were subsequently closed in September 2024 following the court's directive.
In a short order, Justice Syed Hasan Azhar Rizvi, along with Justices Aamer Farooq and Syed Arshad Hussain Shah, upheld the review petitions filed by the Capital Development Authority (CDA) and Metropolitan Corporation Islamabad (MCI). The FCC held that any lease, license, allotment, or permission granted for restaurant operations within the protected MHNP was contrary to the Islamabad Wildlife (Protection, Preservation and Management) Ordinance of 1979.
The court's decision effectively annulled the findings of August 21, 2024, which stated that the Islamabad Wildlife Management Board (IWMB) could withdraw rent deposited by respondents for the preservation, conservation, and proper management of the MHNP. The FCC emphasized that all matters regarding the administration of the MHNP were to be regulated strictly in accordance with applicable laws.
The FCC further explained that since the 1979 ordinance had been repealed, the Nature Conservation and Wildlife Management Board — constituted under Section 3 of the Islamabad Nature Conservation and Wildlife Management Act, 2024 — was now responsible for implementing the act’s provisions. This includes ensuring compliance with relevant laws regarding the construction of rest houses, hotels, and other buildings within the MHNP.
The decision by the FCC has significant implications for the future management and operation of commercial establishments in Margalla Hills National Park. The CDA will now have to ensure that any operations within the park comply strictly with the new regulations set forth by the court.
In a statement, the Capital Development Authority expressed its satisfaction with the FCC's ruling, stating, 'We are pleased with the decision as it upholds our stance and ensures the proper management of the national park.'
The Metropolitan Corporation Islamabad also welcomed the FCC’s judgment, adding that they will now work towards ensuring compliance with the new regulations. The move is expected to pave the way for a more balanced approach in managing commercial activities within the protected area while safeguarding its biodiversity.
'We are pleased with the decision as it upholds our stance and ensures the proper management of the national park.'
Capital Development Authority spokesperson, spokesperson
'The FCC's ruling is a significant step towards ensuring that commercial activities within Margalla Hills are managed in accordance with the law.'
Metropolitan Corporation Islamabad spokesperson, spokesperson
