Pakistan court overturns order to demolish restaurants in national park

The Federal Constitutional Court (FCC) has set aside a Supreme Court judgment that mandated the demolition of restaurants within the Margalla Hills National Park. The Supreme Court had previously ordered the closure of Monal and the adjacent La Montana restaurant in August 2024 to protect the park's biodiversity.

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several issues had not been taken into account in the SC’s decision

A bench, led by Justice Syed Hasan Azhar Rizvi, reviewed petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI). These petitions challenged the Supreme Court's directives to the Islamabad Wildlife Management Board (IWMB) to take possession of Monal, La Montana, and Gloria Jeans restaurants located inside the park.

The FCC's decision effectively lifts the previous stay, stating that ownership disputes must be resolved by trial courts without external influence. Administrative matters will be handled by the relevant regulatory bodies. The court also urged trial courts to expedite the resolution of these pending cases.

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the court never decides matters on the basis of emotions but according to the law, while disregarding irrelevant or extraneous considerations.

Justice Rizvi noted that the Supreme Court's initial decision had overlooked several crucial issues, emphasizing that court rulings should be based on law rather than emotions. While a senior counsel appreciated the FCC's decision on behalf of the restaurants, Justice Rizvi cautioned against unnecessary praise, stressing the importance of decisions being founded on solid legal grounds.

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there was no need to praise the court, saying that it should always decide matters that were founded on a firm basis.