ISLAMABAD: The Supreme Court suspended the Islamabad High Court’s unsigned order to de-seal Monal Restaurant in the picturesque Margalla Hills of the federal capital.
A three-judge bench, headed by Justice Ijazul Ahsan, on Tuesday, heard the appeals of the federal government and the Monal Restaurant against the IHC’s interim order.
The short order said that in the equal treatment with all the parties in accordance with the spirit of the Constitution direct that unsigned portion of the order shall remain suspended.
Makhdoom Ali Khan, representing the Monal Restaurant owner, said neither the detailed judgment is released nor a certified copy is available.
He said he had checked this yesterday and today (Tuesday) morning and was informed that the short order is still not signed.
He informed that in pursuance 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 function. Ahmer Bilal Soofi, appearing on behalf of the IWMB, said the magistrate had sealed Monal Restaurant on the IHC’s order, adding the notices have also been issued to Gloria Jeans and La Montana.
Additional Attorney General (AAG) Qasim Wadood said the IWMB cannot exercise its power in pick and choose manner.
The bench in the last hearing had said that if the IHC would not release the detailed judgment on Monal Restaurant within two weeks then it will pass an appropriate order.
The IHC in its order dated January 11, 2022 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 the IWMB shall jointly restore the encroached land. It further said the claim of Remount, Veterinary and Farms Directorate of Pakistan Army, regarding 8,068 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 8,068 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 60 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.”
Copyright Business Recorder, 2022