The Supreme Court on Wednesday rejected the petition moved by the Monal Group of Companies against the Islamabad High Court judgment to seal and take over possession of the Monal Restaurant, upon expiry of the lease contract.
A Supreme Court bench of three judges, led by Justice Ijazul Ahsan, took up the petition for hearing. However, the bench rejected the request of the Monal Group to stay the IHC order with the remarks that the court cannot undo the order at this stage.
The Petition
Makhdoom Ali Khan, a senior counsel of the restaurant, represented the Monal Group of Companies at the hearing and maintained that the Islamabad High Court had ordered to seal the restraint without recording the evidence. The counsel pleaded before the Supreme Court that IHC while exercising suo motu powers had ordered the CDA chairman and the Islamabad Wild Life Management Board (IWMB) to take over the possession of the Monal Restaurant and seal the premises when none of the parties had sought such a direction.
650 employees and families are suffering
The petition also argued that the Monal Group of Companies engaged 650 employees at the restaurant and as a result of the order given by IHC, the employees and their families were suffering. The (CDA) and the Monal administration are engaged in a legal fight in the civil court and the authority sealed the premises without the issuance of the written order from the IHC, he further added.
Hearing Adjourned till next week:
The Supreme Court adjourned the hearing until next week while serving notices to the federal government along with the other respondents including CDA, Metropolitan Corporation of Islamabad, Remount Veterinary and Farms (RVF) Directorate through Secretary Defence, and Director General RVF General Headquarters (GHQ).
About the Monal Restaurant:
The Monal Restaurant was built by the CDA and leased out to a private firm for 15 years. The lease expired in 2021. A few years before the lease expired, Remount, Veterinary and Farms Directorate of General Headquarters (GHQ) claimed ownership of the land on which Monal was constructed. Last month, the IHC rejected GHQ’s claims and ordered CDA to seal the eatery and take its possession as it was built on land reserved for Margalla Hills National Park.
The Islamabad Wildlife Management Board (IWMB) has been taking care of MHNP and now plans to convert it into a Visitors Information Centre for children’s education and awareness on protection of wildlife.