Constitutional court directs trial courts to decide ownership disputes independently while regulatory authorities handle administrative matters
ISLAMABAD: The Federal Constitutional Court (FCC) on Monday set aside the Supreme Court’s 2024 judgment in the Monal Restaurant case, allowing appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).
A Constitutional Bench headed by Justice Hassan Azhar Rizvi issued a short order vacating the earlier stay order and directing that disputes over the ownership of the property be determined independently by the relevant trial courts, without being influenced by observations contained in the Supreme Court’s 2024 ruling.
The court further ordered the trial courts to dispose of the pending cases expeditiously, while administrative matters relating to the property will be decided by the competent regulatory authorities.
During the proceedings, Justice Rizvi observed that several significant issues had not been adequately addressed in the Supreme Court’s earlier judgment. He also remarked that expressing displeasure merely because a case or review petition had been filed was inappropriate, adding that certain observations in the judgment extended beyond the issues directly before the court.
“The court does not deliver emotional judgments. Our decisions are based on law and the available record,” Justice Rizvi said, emphasising that the Constitutional Bench would confine its decision strictly to the legal arguments presented during the proceedings.
The judge further noted that, upon reviewing the previous ruling, it appeared to contain observations that fell outside the scope of the litigation.
Representing Monal Restaurant, senior lawyer Ahsan Bhoon argued that the Supreme Court had thoroughly examined the matter. Justice Rizvi, however, advised counsel to refrain from praising the bench during the hearing.
The dispute dates back to 2006, when Monal Restaurant was granted a lease to operate within the Margalla Hills National Park. The legality of the lease became the subject of prolonged litigation before the Islamabad High Court and subsequently the Supreme Court.
On June 11, 2024, the Supreme Court ordered Monal Restaurant, La Montana and other commercial establishments to vacate the Margalla Hills National Park, holding that commercial activities within the protected area were incompatible with environmental conservation objectives.
Following that ruling, the CDA informed the court that Monal, La Montana and other structures had been demolished and the land restored to the national park.
In their appeals before the Federal Constitutional Court, the CDA and MCI argued that the Supreme Court’s decision had deprived the local government of lease rentals and other revenues that could have been used to finance municipal services in Islamabad and development projects in villages surrounding the Margalla Hills National Park.
By allowing the appeals, the Federal Constitutional Court has effectively set aside the Supreme Court’s 2024 judgment, clearing the way for ownership disputes to be adjudicated afresh by the competent trial courts, while regulatory authorities will determine administrative issues concerning the property.