Legal Point

Supreme Court Orders Closure of National Park Restaurants

The Supreme Court of Pakistan declared all the leases of the restaurants in the National Park null and void and ordered to close all the restaurants in the National Park including Monal.

A 3-member bench of the Supreme Court, headed by Chief Justice Qazi Faiz Isa, heard the appeal of Monal Group against the decision of the Islamabad High Court on January 11, 2022.

During the hearing, the court rejected the report of CDA and summoned the Chairman of CDA.

The Chief Justice of Pakistan remarked that if CDA’s top officers have to take English classes, the CDA was asked for details of Monal’s and other restaurants.

CDA’s lawyer told the court that we have submitted a report on the details of all the constructions in Margalla National Park, to which Justice Qazi Faiz Isa said that CDA’s report also includes Sports Club Pak China Centre.

DA has also added the name of the Art Council National Monument.

Order CDA to seal Monal Hotel and take possession of the Navy Golf Course today.

The Chief Justice inquired whether to order the demolition of the National Monument Sports Complex, this is the honesty of the CDA, whether the Supreme Court building also falls within the National Park.
CDA counsel told the court that I would have to see the map to answer this question.

Justice Qazi Faiz Isa said that the world knows how many more restaurants there are in Monal. Give the order.

The Chief Justice of Pakistan inquired about the fire on Margalla Hill and whether the CDA people themselves set fire to the Margalla Hills.

Chairman CDA said that there are some black sheep.

Later, the Supreme Court canceled all the leases of the restaurants in the National Park and ordered the closure of all the restaurants in the National Park, including Monal.

The Supreme Court ordered that the restaurants established in the National Park should be completely dismantled within 3 months. If the affected restaurant is leased anywhere outside the National Park, the affected person should be given priority.

Commercial activities cannot be allowed in the National Park.

Chief Justice Qazi Faiz Isa remarked that commercial activities should be stopped in the National Park area of Khyber Pakhtunkhwa.

Background of the case

The Islamabad High Court ordered the government to seal and take possession of Monal Restaurant located in the beautiful Margalla Hills, the court directed the administration to identify the real owner of 8,600 acres of land in the Margalla Hills National Park.

The statement was also ordered to be submitted.

Request to suspend Islamabad High Court’s decision to seal Monal Restaurant rejected.

In its decision, the Islamabad High Court had declared that the lease agreement between the management of Monal Restaurant and the CDA had expired, moreover, the court on September 30, 2019, ordered that the Monal Restaurant and the military work under the Military State Officer.

An agreement between the Wing Remount, Veterinary and Farms Directorate (RFVD) was also voided.

Later on March 22, 2022, the Supreme Court upheld the Islamabad High Court’s January 11 decision ordering the Capital Development Authority (CDA) and the Islamabad Wildlife Management Board to take over the restaurant and seal its surrounding¬†areas.

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