ISLAMABAD: Pakistan’s Federal Constitutional Court has set aside the decision ordering the demolition of the Monal Restaurant located in the Pir Sohawa area of Islamabad.
The court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation, while also vacating the stay order that had been in place during the proceedings.
In its ruling, the Constitutional Court stated that questions regarding ownership of the property would be decided by the relevant trial courts independently and without being influenced by any judicial observations made during the constitutional proceedings. It further ruled that administrative and regulatory matters related to the property would fall within the jurisdiction of the competent regulatory authorities.
The court also directed the trial courts to decide the pending cases at the earliest possible opportunity.
During the hearing, Justice Hassan Azhar Rizvi remarked that several important aspects had not been adequately considered in the earlier Supreme Court judgment. He observed that even the filing of a fresh case or a review petition had previously drawn a strong reaction, adding that the Constitutional Court would not issue an emotional decision but one based strictly on law and the record.
Addressing counsel during the proceedings, Justice Rizvi emphasized that the court would decide the matter solely on the basis of the arguments presented and the legal record. When senior lawyer Ahsan Bhoon praised the court for its detailed examination of the case, Justice Rizvi responded that the judges did not require compliments and would issue a decision only in accordance with the proceedings.
The judge also commented that the court’s judgment would remain confined to legal issues and would not include unnecessary narratives or observations beyond the scope of the case. He remarked that after reading the previous judgment, it appeared that several matters outside the actual judicial proceedings had been included.
The Monal Restaurant case has remained one of Islamabad’s most closely watched legal disputes, involving questions related to land ownership, environmental regulations, administrative jurisdiction, and the authority of public institutions. The restaurant, located in the scenic Margalla Hills near Pir Sohawa, has long been a popular destination for residents and tourists.
The case has previously generated significant legal controversy. Earlier, despite a Supreme Court ruling concerning the restaurant, a civil judge had granted a stay order, an action that later resulted in the judge’s suspension. The Supreme Court had also issued a detailed judgment addressing various legal aspects of the dispute.
With the latest ruling, the Constitutional Court has effectively nullified the demolition decision while clarifying the legal framework for resolving the remaining disputes. Ownership issues will now be determined by the trial courts on the basis of evidence and applicable law, while regulatory bodies will independently decide administrative matters within their jurisdiction.
Legal observers believe the ruling draws a clear distinction between judicial determination of property rights and the administrative responsibilities of regulatory authorities. The court’s direction for expeditious disposal of the pending cases is also expected to accelerate the resolution of the long-running dispute.
The decision marks a significant development in the Monal Restaurant litigation, although the underlying ownership and regulatory questions remain subject to further proceedings before the relevant courts and authorities.
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