ISLAMABAD   -   The Supreme Court of Pakistan yesterday suspended the Islamabad High Court’s unsigned order to de-seal Monal Restaurant in the picturesque Margalla Hills of the federal capital.

A three-member bench of the apex court headed by Justice Ijaz ul Ahsan conducted hearing of the appeals of the federal government and the Monal Restaurant against the IHC interim order. The short order said that in the equal treatment with all the parties in accordance with the spirit of the Constitution directs that unsigned portion of the order shall remain suspended.

Makhdoom Ali Khan, representing the Monal Restaurant owner, said that still neither the detailed judgment is released nor a certified copy is available. He said that he had checked this on Tuesday morning and was informed that the short order is still not signed.

He informed that in pursuant of the High Court only his client restaurant is sealed by the Islamabad Wildlife Management Board (IWMB), while other businesses surrounding his client are allowed to functions. Ahmer Bilal Soofi, appearing on behalf of IWMB, said that the magistrate had sealed Monal Restaurant on the IHC order and the notices have also been issued to Gloria Jeans and La Montana.

The bench on the last hearing had said that if the IHC would not release the detailed judgment on Monal Restaurant within two weeks then it would pass an appropriate order.

The Islamabad High Court (IHC) in its order dated January 11, 2022 had directed the Capital Development Authority (CDA) to seal Monal Restaurant and also declared the military’s claim over 8,000 acres land of the Park as illegal.

It ordered that the CDA and Islamabad Wildlife Management Board (IWMB) shall jointly restore the encroached land. It further said the claim of Remount, Veterinary and Farms Directorate of Pakistan Army, regarding 8068 acres of land in the notified National Park area is in violation of the Ordinance of 1979 read with the Ordinance of 1960 and the Master Plan. The claim is also not in conformity with the enforced laws applicable to the management of lands for the use of the Armed Forces.

According to the court order, the federal government was bereft of jurisdiction to allow the Directorate to use 8068 acres of land in the notified National Park area. The Directorate has no jurisdiction nor the authority to own, use or keep in possession any land within the notified National Park area.

It mentioned that the Remount, Veterinary and Farms Directorate had no jurisdiction or authority to execute the purported agreement, dated 30.09.2019 with Monal Restaurant. The rent recovered by the Directorate from Monal Restaurant was also without lawful authority and jurisdiction. The Secretary, Ministry of Defense shall ensure that the rent received by the Directorate is recovered and deposited in the exchequer within sixty days from the date of the order.

It continued that the lease agreement of Monal Restaurant with the CDA had expired and its agreement, dated 30.09.2019 with the Remount, Veterinary and Farms Directorate was void and without any legal effect.

The court directed that the CDA and the IWMB shall forthwith take over possession of Monal Restaurant and thereafter seal its premises subject to allowing its owner/management to take out its property.

It also directed, “The Chairman of the Capital Development Authority shall undertake an inquiry to identify the officials responsible for the construction of Monal Restaurant and other buildings in the protected area of the National Park in violation of the Act of 1997, Ordinance of 1960, Ordinance of 1966, Ordinance of 1979 and the regulations made under the respective statutes. The Board of the Authority shall thereafter proceed against the officials in accordance with law.”