SC orders closure of Margalla Hills restaurants

ISLAMABAD: The Supreme Court has ordered the closure of all restaurants, including Monal, operating in the Margalla Hills National Park.

The court granted three weeks for the management of these establishments to relocate their businesses elsewhere. This decision comes in the interest of preserving the park, which belongs to the people of the country.

A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa and comprising Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan, on Tuesday dismissed Monal Restaurant’s appeal challenging the Islamabad High Court’s order. The court rejected the reports submitted by the Capital Development Authority (CDA) and the Remount Veterinary Farm (RVF). Previously, the court had requested complete records from the CDA and RVF regarding Monal Restaurant’s land ownership and lease details within Margalla Hills.

Advocate Salman Ikram Raja, representing Monal Restaurant, informed the court that RVF is a project related to Pakistan Army farms under the Defence Division. The court upheld the Islamabad High Court’s verdict, declaring null and void all leases granted to restaurants within the National Park. It directed the Wildlife Department to withdraw any lease deposits made by these restaurants, utilising them for National Park preservation.

“We expect the Capital Development Authority and the Wildlife Board, under the federal government’s guidance, to collaborate for the National Park’s protection. The CDA may appoint its member (environment) for this purpose,” noted the court in its order.

The court emphasized its focus solely on the National Park, terminating unnecessary notices issued to other restaurants. It also ordered the cessation of commercial activities in the National Park area of Khyber Pakhtunkhwa.

Monal Restaurant’s management agreed to voluntarily relocate within three months but requested an extension to six months, which the court rejected, stating that failure to comply would result in the restaurant’s demolition.

Chief Justice Qazi Faez Isa emphasized the importance of preserving the National Park, warning that failure to relocate businesses would lead to drastic measures.

Luqman Afzal, Monal Restaurant’s owner, expressed concern over the economic impact and foreign impressions if his business was affected. However, the court reiterated the necessity of compliance with its orders for preserving the National Park.

Nabeel Rehman, counsel for La Multana, Capital View and Gloria Jeans, initially opposed relocation but later agreed to the three-month timeline.

The court also reprimanded RVF officials for unsatisfactory reports and non-compliance with court orders, threatening contempt proceedings. The chief justice criticised the Capital Development Authority for incompetence in handling the matter, questioning its report’s accuracy and handling of park affairs. The CDA chairman was summoned immediately, and the chief justice questioned the authority’s understanding of court requirements and criticised its inclusion of irrelevant entities in its report.

The court also raised concerns about frequent fires on Margalla Hills, prompting the CDA chairman to admit to internal issues and pledge tree-planting efforts. The Islamabad High Court’s previous order to seal Monal Restaurant and take control of encroached land, including the Margalla Greens Golf Club, was reiterated, emphasizing the need to address park encroachments.