The Federal Constitutional Court (FCC) has struck down a previous Supreme Court ruling that ordered the demolition of Monal Restaurant, ruling instead that the question of land ownership will be decided by the relevant trial court.
The restaurant, located in the Margalla Hills, was at the center of a case in which the Supreme Court had earlier ordered its demolition.
The Federal Constitutional Court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation, stating that the land ownership case is still pending before a civil court and that the trial court must decide the matter without being influenced by the previous observations of the Supreme Court.
The court directed trial courts to resolve pending cases without delay, and ruled that matters of an administrative nature should be referred to the relevant regulatory bodies.
During the hearing, Justice Hassan Azhar Rizvi remarked that several important legal points had not been considered in the earlier verdict.
He said the court decides cases according to law and not emotion, adding that judgments should not contain irrelevant material. He noted that the previous verdict included observations that were not part of the judicial proceedings.
The case dates back to June 11, 2024, when a Supreme Court bench headed by then Chief Justice Qazi Faez Isa declared commercial activities in the Margalla Hills National Park illegal and ordered the demolition of Monal Restaurant.
The restaurant was subsequently demolished in compliance with that order. Following the latest ruling by the Federal Constitutional Court, the case has taken a new legal direction.
