ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday questioned a 2024 judgement of the Supreme Court (SC) which paved the way for the demolition of the infrastructure developed by the Monal Group of Companies -- La Montana and Gloria Jeans -- inside the Margalla Hills National Park (MHNP).

The SC had ordered the closure of Monal and the adjacent La Montana restaurant on August 21, 2024. They were closed the next month to protect the park’s biodiversity.

Headed by Justice Syed Hasan Azhar Rizvi, a three-judge FCC bench took up a review petition moved by the Capital Development Authority (CDA), challenging the SC directions to the Islamabad Wildlife Management Board (IWMB) to take possession of Monal, La Montana and Gloria Jeans restaurants. The CDA and the capital police were also ordered to assist the wildlife board in this regard.

The SC had also ordered to barricade entrances to the area where the restaurants were located before demolishing the infrastructure with minimal disturbance to wildlife and without damage to trees.

Judgement not sustainable as around 113 similar structures still exist in protected area, says govt counsel

On Sept 10 the same year, the SC dismissed a similar set of review petitions moved by the Monal Group of Companies, the Capital View Point Restaurant (La Montana), Sunshine Heights (Pvt) Ltd and retired Brig Falak Naz Bangash of the Defence Ministry.

Rejecting the review petitions, the SC had termed the status of Monal Group’s Luqman Ali Afzal as no better than that of a trespasser, saying he had no legal right to continue possession of the land at the MHNP.

Likewise, the running of restaurants by the owner of La Montana and Gloria Jeans was also in disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance.

During Thursday’s hearing, the federal government, through Additional Attorney General Chaudhry Aamir Rehman, supported the CDA’s review petition against the demolition orders. It stated that the judgement was not sustainable in the eyes of the law, as besides Monal, around 113 similar structures still existed in the Margalla Hills.

The FCC also raised questions over the SC’s decision to demolish the restaurants, stating that the judgement suggested that animals had rights but not humans.

Justice Rizvi recalled that the impugned judgement came despite the fact that Monal’s lease revision case was pending before a civil court in addition to intra-court appeals filed by some restaurants pending before the Islamabad High Court (IHC).

Senior counsel Ahsan Bhoon, on behalf of the restaurants, contended that all parties were in agreement that the case should be allowed to proceed in the civil court.

However, Justice Rizvi observed that courts are never run on the basis of agreements between parties, saying the kind of decision the SC had given could not be overturned by consensus among them.

He indicated that a detailed order would be issued if it was decided that the SC’s orders were to be overturned, stating that the FCC did not want to impose its decision “just like that”. The proceedings were then adjourned until the second week of July.

Through its 2024 judgement, the SC had observed that the operators of these 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.

It also stated that the natural environment of the national park was adversely affected alongside its functions such as acting as a catchment area for rainfall and facilitating the recharge of springs and streams.

An astronomical environmental cost was also borne by the public and would continue to be borne by future generations, the SC had warned.

Published in Dawn, June 12th, 2026