ISLAMABAD: On Tuesday, the Supreme Court reserved its decision on petitions challenging its June 11, 2024 order that declared all leases and allotments within the Margalla Hills National Park (MHNP) invalid under the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance 1979.
Chief Justice of Pakistan (CJP) Qazi Faez Isa led a three-judge bench, including Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan, in reviewing petitions from the Monal Group of Companies, Capital View Point Restaurant (La Montana), Sunshine Heights (Pvt) Ltd, and Brigadier (retired) Falak Naz Bangash of the defense ministry.
The Supreme Court had previously ordered the Capital Development Authority (CDA) on March 21 to provide a list of leases within MHNP. Following notices issued to petitioners on April 22, 2024, the court’s June 11 ruling deemed these allotments contrary to the Islamabad Wildlife Ordinance.
On August 21, 2024, the court instructed the Islamabad Wildlife Management Board (IWMB) to take control of restaurants such as Monal, La Montana, and Gloria Jeans within MHNP. The order also mandated assistance from the CDA and Islamabad Capital Territory Police, with plans to barricade entrances and demolish infrastructure with minimal impact on wildlife and vegetation.
Several review petitions were filed against this order, leading to Tuesday’s hearing. CJP Faez Isa emphasized that the true custodians of the MHNP were the people of Pakistan.
During the proceedings, senior counsel Naeem Bukhari, representing Dr. Muhammad Amjad of La Montana, argued that the court had issued its order without hearing his client’s side. Bukhari questioned the extension of the restaurant’s license and the Metropolitan Corporation of Islamabad’s decision to increase the license fee by 400 percent in 2018.
CJP Faez Isa criticized the CDA’s actions and expressed frustration over the tendency to overlook violations while prioritizing financial gains. He warned that allowing commercial establishments in protected areas could lead to environmental hazards, including increased landslides.
Brig Falak Naz from the defense ministry also addressed the court, expressing his distress over comments suggesting a court-martial should be initiated against him.
