ISLAMABAD: The Federal Constitutional Court (FCC) on Monday set aside the Supreme Court’s 2024 judgement, which had paved the way for the demolition of the infrastructure developed by the Monal Group of Companies 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, and they were closed the next month to protect the park’s biodiversity.

Headed by Justice Syed Hasan Azhar Rizvi and consisting of Justices Aamer Farooq and Syed Arshad Hussain Shah, the FCC took up review petitions of Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), challenging the Supreme Court’s directions to the Islamabad Wildlife Management Board (IWMB) to take possession of the restaurants namely Monal, La Montana and Gloria Jeans inside the MHNP.

The CDA and the Islamabad Capital Territory police had been ordered to assist the wildlife board in this regard.

Stay goes as FCC rules that disputes related to ownership will be decided by trial courts

The setting aside of the judgement also lifted the stay earlier granted as the FCC ruled that disputes related to ownership will be decided by trial courts without being influenced by the court observations, whereas administrative matters will be decided by the relevant regulatory bodies.

FCC also directed the trial courts to decide the cases as soon as possible. During the hearing, Justice Rizvi regretted that several issues were not taken into account in the Supreme Court’s decision, adding courts never decide matters on emotions but according to the law.

When senior counsel Ahsan Bhoon, on behalf of the restaurants, appreciated the decision of the court, Justice Rizvi remarked that there was no need to praise the court.

Justice Rizvi added that the court always decide matters which were founded on firm basis.

The Supreme Court had ordered that the entrances to the area where the restaurants were established will be barricaded before the demolition of the infrastructure with minimal disturbance to the wildlife and by avoiding damage to trees in the national park.

On Sept 10, 2024, the Supreme Court had 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.

While rejecting the review petitions, the Supreme Court had dubbed the status of Luqman Ali Afzal of the Monal Group of Companies no better than that of a trespasser, saying he had no legal right to continue with the possession of the land at the MHNP.

Likewise, it had ruled, running a restaurant by the owner of La Montana and Gloria Jeans was in total disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance.

In its Aug 21, 2024 judgement, the Supreme Court had observed that the operators of the restaurants and those who permitted them to operate disregarded the integrity of the national park, ravaged its trees and flora, displaced and disturbed the endemic bird and animal life.

The SC also stated that the natural environment of the national park had been adversely affected, along with its functions such as acting as a catchment area for rainfall and facilitating the recharge of springs and streams.

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

Published in Dawn, July 14th, 2026