ISLAMABAD: The Federal Constitutional Court (FCC) on Monday set aside a Supreme Court (SC) 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 picturesque 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.
A bench headed by Justice Syed Hasan Azhar Rizvi and comprising Justice Aamer Farooq and Justice Syed Arshad Hussain Shah had taken up review petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).
The petitions challenged the SC’s directions to the Islamabad Wildlife Management Board (IWMB) to take possession of the restaurants — namely Monal, La Montana and Gloria Jeans — located inside the park. The CDA and the Islamabad Capital Territory Police were also directed to assist the wildlife board in this regard.
The setting aside of the judgment also lifted the stay granted earlier when the FCC ruled that disputes related to ownership would be decided by trial courts without being influenced by court observations, whereas administrative matters would be decided by the relevant regulatory bodies.
