ISLAMABAD: The Supreme Court has dismissed review petitions and upheld its earlier decision to close Monal Restaurant, La Montana, and other establishments operating in Islamabad’s National Park area.
In its ruling on Monday, the court highlighted that the restaurants had previously committed to voluntarily shutting down operations within three months. The court criticized the filing of review petitions after these assurances, calling it “contemptible” and a “mockery of the court.”
The court also retracted its earlier observations that were favorable to the restaurants and initially suggested they be prioritized for leases at alternative locations.
However, it clarified that no special preference will be given in future lease proceedings. The Capital Development Authority (CDA) has been instructed to facilitate the relocation of the businesses but without offering any priority.
On September 3, the Supreme Court had reserved judgment on the review petitions filed against the closure of Monal and La Montana restaurants.
The petitions were heard by a three-member bench led by Chief Justice Qazi Faez Isa. Naeem Bukhari represented La Montana Restaurant, and the hearings featured tense exchanges between him and the chief justice.
Chief Justice Isa questioned why the restaurants continued commercial activities despite a high court order for their closure, stressing that this was a matter of fundamental rights, including those of the animals in the national park.
“There was a high court decision, yet you continued to operate in violation of the rules,” Justice Isa remarked. Bukhari defended the restaurants, arguing they held a license to operate, although the chief justice pointed out that the annual license fee was only Rs11,000, a rate from 1999.
In June, the Supreme Court had ordered the immediate closure of all restaurants operating within Islamabad’s Margalla National Park, including the popular Monal Restaurant. The decision was part of a case concerning the legality of commercial establishments in protected park areas. The court emphasized that all such restaurants must be removed within three months, reiterating that no commercial activities would be allowed in the national park.
The court also rejected the CDA’s report on construction within the park and summoned its chairman for questioning. Chief Justice Isa criticized the CDA’s handling of the issue, raising concerns about the competence of its senior officers.
