ISLAMABAD: The Supreme Court upheld its judgment in review petitions of Monal Restaurant and others to shift their eateries from the Margalla Hills National Park area.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan, on Tuesday, announced its reserved judgment on the review petitions of Monal Restaurant, La Montana, Gloria Jeans and Sunshine Heights (Pvt) Limited.
The bench, on August 22, ordered the Islamabad Wildlife Management Board to take over the possession of the restaurants, established at the National Margalla Hills Park.
It stated; “On September 11, 2024 the Wildlife Board will take over the possession of the said restaurants, that is, Monal, La Montana and Gloria Jeans, with the full assistance of CDA and the Islamabad Capital Territory Police, and the entrances to said area shall be barricaded.”
The SC’s judgment on review petitions said that running a restaurant (Monal) in the protected National Park, like those being run by the owner of La Montana and Gloria Jeans, was in total disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance, 1979. The operators of these restaurants, and those who permitted them to operate disregarded the integrity of the National Park; ravaged its trees and flora and displaced and disturbed the endemic bird and animal life.
It noted that the utter disdain and contempt for the laws of Pakistan and the degradation/destruction of the National Park was made possible by the complicity of those who were required to protect, preserve and conserve it; they were in the service of Pakistan, but were unmindful of their duty to serve the people, instead they served moneyed interests.
The Court noted that the undertakings to vacate the premises were given in the presence of their respective counsel but they want now to resile therefrom. Making a mockery of solemn undertakings and to render them meaningless cannot be permitted, and those doing so must suffer the consequences. “Therefore, we have been persuaded by their contemptuous behaviour and misconceived contentions to review our said short order and detailed judgment and to withdraw/delete the following therefrom:
“Learned counsel further submits that CDA may give them preference in the leasing/allotting/licensing of premises/land for the running of restaurants where it is permissible, as their businesses will be affected. The Chairman CDA present in Court states that he will designate an officer to consider the request and if there are premises/land available for this purpose, and if the law permits, preference will be given to those who are voluntarily vacating restaurants from within the National Park.”
The judgment said that the documents filed by the Capital View Point Restaurant (a partnership firm) and its partners in the review petition and the listed applications confirm that the firm and/or its partners are in illegal possession of the land situated in the National Park and illegally running restaurants (La Montana and Gloria Jeans).
The Court held that once a case is decided by the Supreme Court its decision is binding on all courts subordinate to it in terms of Article 189 of the Constitution. Therefore, if there are any intra-court appeals pending adjudication or any other case before the High Court or any other court with regard to the matters attended to in this Court’s judgment the same will be binding thereon, and resultantly, the said intra-court appeals will be rendered infructuous.
The judgment again said that Luqman Ali Afzal has no legal right to continue to be in possession of the land and to run Monal Restaurant in the National Park, and his status is no better than that of a trespasser. The lease agreement dated 10 March 2006 executed in favour of Afzal by CDA had also expired after 15 years on 10 March 2021. Though there was a clause in the lease agreement which permitted the extension of the lease neither party sought its extension, nor was it extended, therefore, the lease had come to an end.
Regarding land allotment to Sunshine Heights Ltd, the judgment said that the purported allotment to the company made 28 years ago was not in accordance with the law. Requisite payment was also not made by the company. The allotment letter stated that the allotment was for a period of 33 years and construction had to be raised within three years, but no construction has been raised even after 28 years. The company’s claim on the basis of the said allotment letter is not sustainable.
Copyright Business Recorder, 2024
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