National ( The cow news digital ) Pakistan’s Federal Constitutional Court has overturned the decision ordering the demolition of the Monal Restaurant in Islamabad’s Pir Sohawa area, providing temporary relief in one of the country’s most closely watched legal disputes involving land ownership and administrative authority.
The court accepted appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI), while also vacating the stay order that had remained in place during the proceedings.
In its ruling, the Constitutional Court stated that questions related to property ownership must be determined by the relevant trial courts without being influenced by judicial observations made in earlier proceedings. It further clarified that administrative and regulatory matters should be decided by the competent regulatory authorities in accordance with applicable laws.
The bench also instructed trial courts to dispose of the pending cases as early as possible, emphasizing the need for a timely resolution of the legal issues surrounding the property.
During the hearing, Justice Hassan Azhar Rizvi remarked that several important aspects had not been fully addressed in the earlier Supreme Court judgment. He stressed that the Constitutional Court would decide the matter based strictly on the law and evidence rather than emotions.
The judge also commented that filing a petition or seeking a review should not be viewed negatively, underscoring that litigants have the legal right to pursue available judicial remedies.
Representing one of the parties, senior lawyer Ahsan Bhoon praised the court’s detailed examination of the case. In response, Justice Rizvi advised counsel to avoid complimenting the bench, stating that the court would issue its decision solely on the basis of the arguments presented during the hearings.
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Justice Rizvi further observed that judicial decisions should remain focused on legally relevant facts and avoid including unnecessary commentary unrelated to the proceedings.
The Monal Restaurant case has attracted significant public attention due to its location in the scenic Margalla Hills and the broader legal questions surrounding land ownership, environmental regulation, and administrative jurisdiction. The Constitutional Court’s latest ruling shifts the focus back to the trial courts and regulatory authorities for the next phase of the legal process.
