The Supreme Court of Pakistan has annulled all leases for restaurants operating within the National Park, including the prominent Monal restaurant.
The ruling by a three-member bench headed by Chief Justice Qazi Faez Isa overturned a decision previously made by the Islamabad High Court on January 11, 2022.
During the proceedings, the court dismissed a report submitted by the Capital Development Authority (CDA) and summoned the CDA chairman. Chief Justice Isa criticized the CDA for deficiencies in report details, specifically querying whether the authority’s senior officials required further education in English due to the inadequacies observed.
The CDA’s counsel informed the court that their submitted report included all constructions within the Margalla National Park, inadvertently listing entities such as the Pak-China Sports Club and the Arts Council National Monument. This prompted Chief Justice Isa to question the integrity of the CDA, even jesting whether the Supreme Court building was mistakenly located within the national park boundaries.
Ultimately, the Supreme Court mandated the closure of all restaurants within the National Park within three months, highlighting that no commercial activities should occur within such protected areas. The ruling stipulated that affected businesses should be given priority in securing leases outside the National Park. The decision also extended to stopping all commercial activities in the National Parks of Khyber Pakhtunkhwa.
This judgment follows an earlier directive by the Islamabad High Court, which had ordered the government to seal and repossess the Monal restaurant, recognizing the termination of the lease agreement between Monal’s management and the CDA. Additionally, the court deemed an existing agreement between Monal and the Military Wing Remount, Veterinary and Farms Directorate (RV&F) null and void.
On March 22, 2022, the Supreme Court suspended the Islamabad High Court’s January 11 ruling, which involved the CDA and the Islamabad Wildlife Management Board taking over the restaurant and sealing the surrounding areas. This latest decision underscores a significant shift in enforcing environmental laws and regulations about national parkland use.
