ISLAMABAD: The Federal Constitutional Court has set aside the judgment delivered by former Chief Justice of Pakistan Justice (retd) Qazi Faez Isa in the Monal restaurant case.
Justice Hassan Azhar Rizvi authored a 44-page detailed judgment, observing that serious injustice had occurred due to an overreach of judicial authority. The court accepted the review petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation and held that the Supreme Court’s earlier review judgment could also not be sustained.
The judgment stated that the rights of affected parties had been determined without providing them an effective opportunity of hearing. It added that even a decision of the country’s highest court could not be maintained where affected parties had not been properly heard.
The court observed that the Supreme Court should have refrained from hearing the Monal case under the circumstances. It emphasized that judicial conclusions must be based on the record, evidence and law rather than personal information.
The Federal Constitutional Court also ordered the deletion of observations made by the Supreme Court concerning the personal relationships and political affiliations of the parties.
Regarding the Margalla Hills, the court observed that the claim that restaurants were responsible for causing fires in the area was not established by the evidence. It said the report of an inquiry commission could not constitute conclusive proof of disputed facts.
The court further held that an absolute ban on restaurants in Margalla National Park was not compatible with the relevant legal framework. According to the judgment, the fundamental question was whether a particular construction or activity harmed the purpose of the national park.
It stated that public facilities could be allowed in a national park subject to environmental protection requirements and applicable legal conditions. However, approval by the CDA could not legalize an environmentally prohibited activity.
The court also ruled that disputes concerning Monal’s land ownership, lease and rent should be determined by civil courts on the basis of evidence.
The Federal Constitutional Court set aside the judicial direction that had authorized the Wildlife Board to collect rent. It directed that any rent already collected or recovered by the Wildlife Board be deposited immediately into the government treasury.
The court further directed that the relevant civil cases be consolidated and the federal government be made a party. The civil court was instructed to decide the cases expeditiously without being influenced by the observations contained in earlier judgments.
Affected parties may seek fresh interim relief before the relevant civil court, while pending intra-court appeals will be decided separately on their merits and in accordance with law.
The Federal Constitutional Court declared the Supreme Court’s August 21, 2024 judgment void to the extent specified in its detailed judgment.
Available next action: Create a downloadable PDF file here in this chat containing the finalized decisions and immediate actions above