ISLAMABAD: The Federal Constitutional Court set aside the demolition order issued by the Capital Development Authority at Monal, Pir Sohawa and allowed appeals filed by the Capital Development Authority and the Metropolitan Corporation of Islamabad.
The court ruled that trial courts should decide pending ownership disputes independently, without relying on observations from earlier proceedings. It directed them to conclude the cases as quickly as possible.
The bench also clarified that the relevant regulatory authorities must determine administrative matters related to the site within the Margalla Hills National Park.
Justice Syed Hasan Azhar Rizvi said the Supreme Court’s earlier judgment had not considered several important legal aspects. He observed that the ruling had addressed matters that parties had not raised in their pleadings.
Read: Monal Restaurant Case Adjourned Till July By FCC
The Federal Constitutional Court had questioned the earlier verdict during a June hearing. At that stage, it refused an immediate request to reopen Monal and said any reversal would require a detailed judgment.
The Supreme Court initially ordered restaurants operating in the protected park to close on June 11, 2024. Its detailed August 21 ruling directed the Islamabad Wildlife Management Board to take possession of Monal, La Montana and Gloria Jeans and oversee the removal of their structures.
Monal closed in September 2024, and authorities later demolished the structure. The latest ruling sets aside the contested demolition directions but, by itself, does not authorise the restaurant to reopen.
