In a major ruling, the Federal Constitutional Court on Monday set aside the Supreme Court’s August 21, 2024 order to demolish the iconic Monal Restaurant located in Pir Sohawa, Islamabad.
A bench hearing appeals filed by the Capital Development Authority (CDA) and the Islamabad Metropolitan Corporation (IMC) accepted both petitions and lifted the stay order that had halted operations at the restaurant.
The Constitutional Court said that matters of ownership and lease must now be decided by trial courts on merit, without being influenced by previous judicial remarks. The bench also directed lower courts to expedite hearings and issue verdicts quickly in all related cases.
On administrative issues, the court ruled that regulatory bodies including CDA and EPA will have the authority to decide on environmental compliance, building codes, and other procedural matters.
Presiding judge Justice Hassan Azhar Rizvi criticized parts of the earlier Supreme Court judgment, saying several important aspects were not considered.
“Some observations were made in the previous verdict that were not even part of the case record,” Justice Rizvi remarked.
“We will deliver a decision based on law, not on emotions. The judgment will not include unnecessary or extraneous remarks,” he added.
Monal Restaurant, situated on Margalla Hills with a view of Islamabad, has been at the center of a legal battle for years.
On August 21, 2024, the Supreme Court had ordered the demolition of Monal and other restaurants in the national park area, citing violations of environmental laws and land-use regulations. The court had also ordered CDA to restore the area to its original condition.
Following that order, CDA sealed the restaurant and began proceedings for its removal. The decision sparked public debate, with many citizens and tourism stakeholders arguing that Monal was a landmark and a major tourist attraction.
Legal experts say the verdict shifts the focus from immediate demolition to a procedural and regulatory review, giving Monal a chance to present its case in lower courts.
The ruling is expected to have wider implications for other commercial establishments operating in protected areas across the capital.
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