The Supreme Court has dismissed the review petitions and maintained its earlier decision to close Monal Restaurant, La Montana, and other establishments operating in the National Park area of Islamabad.
Pronouncing its judgement on Monday, the court stated that the restaurants had previously provided voluntary assurances to close their operations within three months. The court strongly criticised the filing of revision petitions after these assurances, labeling it a "contemptible" act and a "joke with the court."
The Supreme Court withdrew its earlier observations that had been in favour of the restaurants and directed the Capital Development Authority (CDA) to prioritize these establishments for leases at alternative locations. However, the court withdrew its observations on giving priority to these restaurants in future lease proceedings.
The court declared that the restaurants in the National Park area should be given priority in the lease of restaurants at another location. It also noted that filing a review plea despite assurances in court is a joke with the court and contemptible.
Also Read: SC reserves judgement on plea against closure of Monal restaurant
The court's ruling concluded that the decision to close the restaurants in the National Park area should be implemented without delay. The CDA has been instructed to facilitate the relocation of these establishments to other areas on a priority basis, but no special preference will be given.
On September 3, the Supreme Court had reserved its judgement on the review petitions filed against the closure of the Monal and LaMontana restaurants in Islamabad's protected national park area.
A three-member bench headed by Chief Justice of Pakistan Qazi Faez Isa heard the arguments from both sides, with Naeem Bukhari representing LaMontana Restaurant. The proceedings were marked by a series of intense exchanges between the chief justice and Bukhari.
The CJP questioned the continuation of commercial activities by the restaurants despite a prior high court decision ordering their closure, adding that this was a matter of fundamental rights, as the animals in national parks also had rights.
"There was a decision of the high court, yet you continued to do commercial activities and run the restaurant in violation of the rules," remarked Justice Isa. Bukhari defended his clients, stating they had a license to operate, though the CJP pointed out that the license in question was with an annual fee of just Rs11,000. Bukhari argued that was the fee in 1999.
Also Read: SC orders closure of Monal, all restaurants in Islamabad’s Margalla National Park
On June 11, the Supreme Court ordered the closure of all restaurants operating within Islamabad's Margalla National Park, including the popular Monal restaurant. This decisive order emerged from a case concerning the legality of these establishments within the park.
In its ruling, the Supreme Court stressed that all restaurants in the national park must be removed within three months. The court underscored that if a lease was required anywhere outside the national park, priority should be given to the affected restaurants, and that commercial activities cannot be allowed in the park.
The court also rejected the Capital Development Authority’s (CDA) report on the construction within the park and summoned the authority's chairman immediately. Chief Justice of Pakistan Qazi Faez Isa voiced strong criticism of the CDA’s handling of the matter, questioning the competence of its senior officers.
