Key Takeaways
- The Federal Constitutional Court (FCC) has overturned a Supreme Court judgment that allowed the demolition of restaurants in Margalla Hills National Park.
- The FCC's decision lifts a stay and directs trial courts to decide cases related to ownership and administrative matters promptly.
- Justice Syed Hasan Azhar Rizvi regretted that several issues were not considered in the SC’s original decision.
ISLAMABAD: The Federal Constitutional Court (FCC) has reversed a Supreme Court judgment from August 2024, which had paved the way for the demolition of restaurants inside Margalla Hills National Park. The FCC's decision on Monday sets aside the earlier order that had ordered the closure and eventual demolition of Monal, La Montana, and Gloria Jeans restaurants to protect the park’s biodiversity.
The Supreme Court had directed the Islamabad Wildlife Management Board (IWMB) to take possession of these restaurants in August 2024. The Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI) were also instructed to assist the wildlife board with this process. However, the FCC's ruling now lifts any stay on the case and directs trial courts to decide related matters as soon as possible.
Justice Syed Hasan Azhar Rizvi, who led the bench comprising Justice Aamer Farooq and Justice Syed Arshad Hussain Shah, expressed regret that several issues were not considered in the Supreme Court’s decision. He emphasized that courts should always base their decisions on a firm legal foundation rather than emotions.
Senior counsel Ahsan Bhoon appreciated the court's decision but noted that there was no need to praise it. Justice Rizvi reiterated that the court should focus solely on matters founded on solid legal grounds, without being influenced by extraneous considerations.
In its earlier order, the Supreme Court had directed barricades be placed at the entrances of the area where the restaurants were established and for the infrastructure to be demolished with minimal disturbance to wildlife. The court also declared that Luqman Ali Afzal, owner of Monal Group, was a trespasser and that running a restaurant by the owners of La Montana and Gloria Jeans was in violation of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance.
The FCC's decision is expected to have significant implications for the future management and use of the Margalla Hills National Park. The park, known for its scenic beauty and biodiversity, has been at the center of a long-standing legal dispute over commercial activities within its boundaries.
While the FCC’s ruling provides temporary relief to the Monal Group of Companies, La Montana, and Gloria Jeans, it also underscores the ongoing challenges in balancing economic development with environmental conservation. The next steps will involve trial courts deciding on ownership disputes and administrative matters related to the restaurants' operations.
Justice Syed Hasan Azhar Rizvi regretted that several issues had not been taken into account in the SC’s decision, observing that the court never decides matters on the basis of emotions but according to the law.
Justice Syed Hasan Azhar Rizvi, Federal Constitutional Court Judge
There was no need to praise the court; it should always decide matters that were founded on a firm basis.
Justice Syed Hasan Azhar Rizvi, Federal Constitutional Court Judge
