Rulings that led to Monal demolition transgression of judicial power: FCC
The Federal Constitutional Court of Pakistan has ruled that previous judicial orders leading to the demolition of Monal Restaurant in Margalla Hills were an overreach of power. The court has directed that the underlying lease disputes be settled by a civil court rather than through summary demolition.
Why it matters
This ruling addresses the balance of power between the judiciary and administrative authorities regarding property rights and environmental protection.
comments Join our Whatsapp Channel Add Dawn as a trusted source ISLAMABAD: The Federal Constitutional Court (FCC) on Wednesday ruled that earlier Supreme Court and Islamabad High Court (IHC) decisions that led to the demolition of Monal Restaurant and other commercial establishments within the Margalla Hills National Park (MHNP) constituted an exceptional transgression of judicial power that resulted in a grave miscarriage of justice.
In a written order, a three-judge FCC bench, which had issued a verbal order on Monday, accepted review petitions filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), challenging the Supreme Court’s Aug 21, 2024, directives. In that judgement, the apex court had held that any lease, licence, allotment or permission granted for restaurant operations within the protected MHNP was contrary to the Islamabad Wildlife Ordinance, 1979, and therefore had no legal effect.
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