FCC questions SC order on demolition of Monal, other Margalla Hills restaurants

ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday raised questions over a 2024 Supreme Court judgment that ordered the closure and demolition of restaurant infrastructure, including Monal, La Montana and Gloria Jeans, located within the Margalla Hills National Park (MHNP).

A three-member FCC bench headed by Justice Syed Hasan Azhar Rizvi heard a review petition filed by the Capital Development Authority (CDA), challenging the Supreme Court’s directives that required the Islamabad Wildlife Management Board (IWMB) to take possession of the restaurant sites and oversee the demolition of the structures.

The Supreme Court had ordered the closure of Monal and La Montana in August 2024 to protect the biodiversity and ecological integrity of the national park. The restaurants ceased operations the following month.

During the proceedings, the federal government, represented by Additional Attorney General Chaudhry Aamir Rehman, supported the CDA’s review petition and argued that the demolition order was not legally sustainable.

The government maintained that while the Supreme Court’s ruling targeted Monal and a few other establishments, more than 100 similar structures continued to exist within the Margalla Hills area.

The court was informed that approximately 113 structures remained operational, raising questions about the consistency and implementation of the judgment.

Justice Rizvi observed that the Supreme Court’s ruling appeared to prioritise environmental concerns without adequately considering human interests.

He noted that the judgment seemed to suggest that wildlife and environmental rights had been given precedence while overlooking the rights of individuals and businesses affected by the decision.

The judge also pointed out that the ruling had been issued despite the fact that Monal’s lease dispute was already pending before a civil court, while related intra-court appeals filed by some restaurants were under consideration before the Islamabad High Court.

Senior lawyer Ahsan Bhoon, representing the restaurant owners, argued that all parties agreed that the matter should be decided through the civil courts.

However, Justice Rizvi remarked that judicial decisions could not be based merely on consensus among litigants and that any reversal of a Supreme Court judgment would require detailed legal reasoning.

The FCC indicated that if it decides to overturn the Supreme Court’s orders, a detailed judgment explaining the legal grounds would be issued.

“We do not want to simply set aside the decision without proper reasoning,” Justice Rizvi observed during the hearing.

The court subsequently adjourned proceedings until the second week of July.

In its landmark 2024 ruling, the Supreme Court had held that the restaurant operators and authorities that allowed their operations had compromised the ecological integrity of the Margalla Hills National Park. The court observed that commercial activities had damaged vegetation, disturbed wildlife habitats and adversely affected the park’s natural ecosystem.

The Supreme Court further warned that environmental degradation caused by such developments had imposed significant ecological costs on the public and could continue to affect future generations if left unchecked.