Pakistan’s Federal Constitutional Court (FCC) on Monday revived the legal battle over Islamabad’s iconic Monal Restaurant at Pir Sohawa. The court set aside an earlier decision that ordered the restaurant’s demolition. However, it refused Monal’s request to reopen immediately.
The ruling revives appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI).
The case has remained one of Pakistan’s most closely watched legal disputes. It began after the Supreme Court ordered authorities to shut down Monal and other restaurants operating inside the Margalla Hills National Park in 2024.
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A bench led by Justice Hassan Azhar Rizvi ruled that trial courts should decide the ownership dispute. The bench directed them to conclude the pending cases as quickly as possible.
The court also lifted the stay order. It said the relevant regulatory authorities should decide all administrative matters relating to the property.
Justice Rizvi questions earlier judgment
During the hearing, Justice Hassan Azhar Rizvi criticised several aspects of the previous Supreme Court judgment.
He said the earlier ruling ignored important legal issues. He also noted that it included material that was neither part of the pleadings nor discussed during court proceedings.
“We are not going to deliver an emotional judgement,” Justice Rizvi said. He stressed that the bench would rely only on the available record and arguments presented before it.
Senior lawyer Ahsan Bhoon praised the judges for examining the case carefully. Justice Rizvi immediately asked him not to commend the court.
“We will not write an Alif Laila story in the judgement,” he remarked.
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Justice Rizvi added that the previous ruling appeared to contain observations that went beyond the issues argued before the court.
Earlier hearings also raised similar concerns. The bench questioned the legal reasoning behind the Supreme Court’s 2024 demolition order for Monal and other restaurants in the Margalla Hills National Park.
Ownership dispute moves to trial courts
The Constitutional Court revived the appeals filed by the CDA and MCI. However, it refused to allow Monal Restaurant to reopen immediately.
Instead, it directed the trial courts to decide ownership issues. It also instructed regulatory authorities to handle administrative matters under the relevant laws.
The decision separates constitutional questions from ownership and regulatory disputes. Each forum will now decide matters within its legal authority.
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Monal Restaurant opened in 2006 and became one of Islamabad’s best-known tourist attractions because of its hilltop location overlooking the capital.
In June 2024, the Supreme Court ordered the closure of Monal, La Montana and several other restaurants operating inside the Margalla Hills National Park. The court ruled that commercial activities violated environmental protections. It later directed authorities to remove the structures and restore the protected area.
Monday’s ruling does not reopen the restaurant. Instead, it gives trial courts and regulators the responsibility to resolve the remaining ownership and administrative disputes.
