SC reserves decision on review pleas in Monal restaurant case

ISLAMABAD: The Supreme Court on Tuesday reserved its ruling on a set of petitions seeking to revisit the June 11, 2024 order in which the top court declared all leases and allotments inside the Margalla Hills National Park (MHNP) contrary to the provisions of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.
Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, a three-judge bench comprising Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan had taken up a set of petitions moved by the Monal Group of Companies, the Capital View Point Restaurant (La Montana), Sunshine Heights (Pvt) Ltd, and by Brig retired Falak Naz Bangash of the defence ministry.
The Supreme Court through its March 21 judgement had ordered the Capital Development Authority (CDA) to file a list of leases in the Margalla Hills National Park (MHNP). Later, the Supreme Court office issued notices to the petitioners on April 22, 2024, and then passed an order on June 11, in which the court declared all such allotments contrary to the provisions of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.

On Aug 21, 2024, the Supreme Court in its detailed order directed the Islamabad Wildlife Management Board (IWMB) to take possession of restaurants, namely Monal, La Montana, and Gloria Jeans — situated inside the Margalla Hills National Park (MHNP). The order also asked the Capital Development Authority (CDA) and the Islamabad Capital Territory Police to assist the wildlife board.
According to the court order, the entrances to the area will also be barricaded after which the infrastructure will be demolished with minimal disturbance to the wildlife and by avoiding damage to the trees of the national park.
The judgement had also said that the debris would be removed and disposed of properly but not within the limits of the national park.
Subsequently, a number of review petitions were filed against the Supreme Court order.
Tuesday hearing
On Tuesday, CJP Faez Isa observed that the real owners of the beautiful and scenic MHNP were the people of this country.
During the hearing, senior counsel Naeem Bukhari, who was representing Dr Muhammad Amjad — the 66 per cent shareholder of La Montana — argued that the court had passed the order without hearing the viewpoint of his client.
When the CJP sought any documentation to prove that the licence of the restaurant had been extended by the CDA, the counsel argued if the licence was not extended then how could the Metropolitan Corporation of Islamabad enhance the licence fee to 400 per cent in 2018?
Besides the Federal Investigation Agency (FIA) had initiated an inquiry in this regard as well, the counsel said.
The CJP regretted that CDA dished out everything to the entity on a plate but the counsel replied that many things in this country had happened which was not usual. When the counsel pointed towards the invocation of the ‘doctrine of necessity’ in 1956 by the judiciary to substantiate his point, the CJP regretted that the tendency of raising fingers should end.
He also asked whether the counsel had come to the court to contest his case or to pick a fight.

The CJP regretted that the authorities instantly demolished even a tent but turned a blind eye to palatial places, regretting that “our prime purpose” was to earn quick money by disregarding the fact that we have badly affected the climate of this country.
The capital city will be endangered with frequent land sliding if restaurants are allowed to emerge across the protected Margalla Hills, the top judge regretted.
During the hearing, Brig Falak Naz from the defence ministry appeared before the court to express that he was deeply hurt and aggrieved because of the observations made in the order in which it was stated that court-martial should be initiated against the officer.
Published in Dawn, September 4th, 2024