ISLAMABAD: Monal Case took a major legal turn on Monday. The Federal Constitutional Court (FCC) overturned a Supreme Court judgment on restaurants inside Margalla Hills National Park.

The Supreme Court had issued the ruling in August 2024. It ordered the closure of Monal, La Montana and Gloria Jeans. It also cleared the way for demolishing their structures.

A bench led by Justice Syed Hasan Azhar Rizvi heard the review petitions. Justice Aamer Farooq and Justice Syed Arshad Hussain Shah joined the bench.

The Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI) filed the petitions.

They challenged the Supreme Court’s directions regarding the restaurants.

Tank Blast: Two police officers martyred in suspected IED attack

The earlier ruling ordered the Islamabad Wildlife Management Board (IWMB) to take possession of the sites.

It also directed the CDA and Islamabad Capital Territory Police to assist the wildlife board.

As a result, the FCC set aside the earlier judgment. It also lifted the stay linked to that decision.

The court further ruled that trial courts would decide ownership disputes independently.

Meanwhile, relevant regulatory authorities will handle administrative matters.

In addition, the FCC instructed trial courts to conclude the pending cases without unnecessary delay.

During the hearing, Justice Rizvi said the earlier judgment overlooked several important issues.

He added that courts must decide cases according to the law. They should not rely on emotions or irrelevant factors.

Senior lawyer Ahsan Bhoon welcomed the ruling on behalf of the restaurants.

However, Justice Rizvi said courts did not need praise. He stressed that judges must always rely on sound legal principles.

The Supreme Court’s earlier ruling ordered authorities to barricade the restaurant sites.

It also directed officials to demolish the structures carefully.

The court instructed authorities to protect wildlife and avoid damaging trees.

Earlier, the Supreme Court rejected similar review petitions in September 2024.

Those petitions came from the Monal Group, La Montana, Sunshine Heights (Pvt) Ltd and Brigadier (retd) Falak Naz Bangash.

The apex court ruled that Monal Group owner Luqman Ali Afzal had no legal right to occupy the land.

It also held that La Montana and Gloria Jeans violated the Islamabad Wildlife Ordinance.

Moreover, the Supreme Court said the restaurants damaged the national park.

It found that commercial activity harmed trees, vegetation and wildlife.

Furthermore, the court warned that the environmental damage affected biodiversity and natural water resources.

It said future generations could continue to bear the environmental cost.