ISLAMABAD: The Federal Constitutional Court has declared void the Supreme Court’s decision in the Monal case, including the judgment delivered under former Chief Justice Qazi Faiz Isa, according to a detailed ruling.
The court accepted review petitions filed by the Capital Development Authority and Metropolitan Corporation, holding that serious injustice occurred because judicial authority was exceeded and affected parties were not given an effective opportunity to be heard.
It also declared the Supreme Court’s subsequent review decision unsustainable, saying even decisions of the highest court cannot stand when affected parties have not been properly heard.
The Federal Constitutional Court said judicial findings must rely on evidence, the official record and applicable law rather than personal knowledge. It ordered the removal of observations concerning the parties’ personal relationships and political affiliations.
The court further ruled that allegations linking restaurants to fires in the Margalla Hills were not established through evidence. It said an inquiry commission’s report could not be treated as conclusive proof of disputed facts.
According to the judgment, an outright ban on restaurants in Margalla National Park was not supported by the relevant legal framework. However, CDA approval cannot legalise activities prohibited by environmental laws.
The court directed civil courts to decide disputes involving land ownership, leases and rent based on evidence. It also struck down permission allowing the Wildlife Board to collect rent and ordered collected amounts to be deposited in the national exchequer.
Justice Hasan Azhar Rizvi authored the 44-page judgment, which declared the Supreme Court’s August 21, 2024 decision void within the specified limits.
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