ISLAMABAD: On Tuesday, the Supreme Court (SC) mandated that restaurants—including the most popular restaurant, Monal, located atop the scenic Margalla Hills—leave the National Park Area within three months.
A three-judge Supreme Court, presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa, had accepted an appeal against the Islamabad High Court’s (IHC) January 11, 2022 ruling about the sealing and seizure of the Monal Restaurant.
The appeal against the IHC judgment, which directed the Islamabad Wildlife Management Board (IWMB) and the Capital Development Authority (CDA) to seal the Monal premises in exchange for allowing the property’s owner or management to remove it, was, however, denied by the Supreme Court.
The high court further ruled that Monal’s lease with the CDA had ended and that its agreement with the Remount, Veterinary and Farms Directorate on September 30, 2019, was null and invalid and had no legal significance.
Monal has three months to complete its work; the CDA head reports that 21 forest fires have been reported this season.
The Supreme Court ordered CDA to assist the Monal Group of Companies in moving their restaurant from its current location to an acceptable one within three months, with preference given to them, on Tuesday. CJP Isa noted that the protection of the national park was the Supreme Court’s primary concern. The injunction stipulated that the treatment of all other eateries on Pir Sohawa Road had to be uniform.
The Supreme Court directed that the money be transferred to the IWMB, which is being represented by Advocate Umer Ijaz Gillani, in order to assist them in protecting the wildlife. The Supreme Court made reference to the rent, which the Monal restaurant had been paying to a local civil court on a monthly basis for the last three to four years since the conflict between CDA and Monal Group surfaced.
When Luqman Ali Afzal, the CEO of Monal Group, offered to relocate the restaurant within four months, the court ordered it to be moved within three months.
Although the CJP noted the court had to protect the tranquility of the national park region, he lamented that the relocation would give the investors the wrong impression. The court noted that operating restaurants within a national park is not permitted anywhere else in the world.
In accordance with previous orders to provide comprehensive data of the infrastructure and constructions inside the national park region, the CDA submitted a report, which the court also rejected.
The court expressed sadness that the Pakistan National Monument, the Pak-China Center, the Sports Complex, and the Arts Council were among the structures mentioned by the CDA in its report that were located inside the national park.
Regretfully, CJP Isa said, “Should we order pulling down all these buildings?” She also questioned if the Supreme Court building was actually located inside the national park. “Everyone is aware of the number of restaurants located within the national park area, with the exception of the CDA,” he said.
burns in forests
The Supreme Court was informed during the hearing by CDA Chairman Mohammad Ali Randhawa that there were 21 recorded instances of forest fire eruption in the Marglla Hills this season, and that it required significant effort to put out the fire on the hills.
In response to the court’s question about whether CDA personnel started the fires, the chairman said, “We too have some black sheep” in the municipal body. In response to a question, the chairman told the court that, with the cabinet’s consent, the NDMA was contacted to provide helicopter assistance to contain the fire.
