SC rejects plea seeking suspension of its de-sealing order

Islamabad : The Supreme Court on Friday rejected the plea for suspension of its interim order of de-sealing the Monal Restaurant at Margalla Hills.

A three-member bench of the apex court headed by Justice Ijazul Ahsen heard the appeal filed against the order of Islamabad High Court, sealing the Monal Restaurant.

During the hearing, the Department of Wildlife requested the court to recall its order of de-sealing the restaurant as well as restoring the order of the Islamabad High Court sealing the restaurant

He contended that the sewerage of the restaurant has endangered the wildlife adding that the whole waste sewerage of Monal Restaurant is spreading in the whole capital.

Counsel for the management of the restaurant when objected to the allegations, the Wildlife counsel asked him to tell as to where the sewerage of the hotel goes.

Justice Ijazul Ahsen asked the counsel for wildlife Board to file proper application for restoring the order of the high court.

The counsel however, replied that a review petition will have to be filed on the order of de-sealing the restaurant.

Justice Ahsen asked the counsel as to whether the Islamabad High Court has issued detailed judgment over its decision.

The counsel for Monal Restaurant replied that still the detailed judgment is not yet issued adding that their Intra Court Appeal is also pending against the high court order.

Meanwhile, the court maintained its interim order of de-sealing the restaurant and adjourned the matter.

In January, the Islamabad High Court (IHC) had ordered capital authorities to seal off Monal Restaurant and take control of the Margalla Greens Golf Club built on encroached land, also declaring illegal the military’s claim to 8,000 acres of Margalla Hills National Park.

IHC Chief Justice Athar Minallah had issued the order to Islamabad Capital Territory Chief Commissioner Amer Ali Ahmed while hearing a case related to encroachments in the national park.

“This court will protect the wider public interest,” the judge had said.

Later on March 8, 2022, the Supreme Court had ordered de-sealing the Monal restaurant overturning the Islamabad High Court orders.

The court had observed that the magistrate had sealed the restaurant without first issuing a notice to the owners adding that other restaurants in the surroundings of Monal were duly notified before they were sealed.