ISLAMABAD: The Federal Constitutional Court (FCC) has overturned an Islamabad High Court (IHC) decision about 8,068 acres of land in Islamabad’s National Park area.
The FCC ruled that the IHC went beyond its legal authority. The court said the high court decided matters that were already pending before a civil court.
FCC Cancels Earlier Court Decisions
Justice Syed Hasan Azhar Rizvi issued the short order in the Monal Restaurant case.
The FCC also cancelled the Supreme Court’s decision that supported the IHC ruling. It also set aside the related review judgment.
The court stated that the IHC exceeded its constitutional limits while handling interim proceedings.
According to the FCC, the high court decided the complete dispute instead of only addressing the matter before it.
Court Reviews IHC’s Authority
The FCC said the IHC made a final decision on issues that belonged to the civil court.
The high court had earlier ruled that the Remount, Veterinary and Farms Directorate (RV&FD) lacked authority to sign the 2019 agreement with Monal Group.
It had also declared the agreement invalid.
However, the FCC said the IHC should not have decided these issues during interim proceedings.
Background of the Land Dispute
The IHC previously ruled against the RV&FD’s claim over 8,068 acres inside the Margalla Hills National Park.
The court said the claim violated wildlife protection laws, the Capital Development Authority Ordinance, and Islamabad’s master plan.
The IHC also questioned RV&FD’s legal authority to make an agreement with Monal Restaurant.
Previous Judgment Raised Other Concerns
The IHC ruling also discussed the Pakistan Navy’s use of state land.
The court stated that the Navy had created a golf course outside the approved Sector E-8 area.
It also said military institutions cannot enter commercial activities without proper government approval.
The Supreme Court later supported the IHC decision. However, the latest FCC ruling has changed the legal position on the matter.
FCC Highlights Need to Correct Legal Errors
The FCC explained that courts can correct decisions when they contain clear mistakes.
The court said legal errors must be addressed if they could lead to an unfair outcome.
The short order stated that the mistakes in previous decisions were obvious and affected the final result.
The FCC emphasized that justice should remain the main goal of the legal system.
The court stated, “Justice is a virtue which transcends all barriers, and that rules of procedure, technicalities, or procedural formalities cannot be permitted to obstruct the administration of justice. Law must bend in aid of justice.”
The detailed FCC judgment will provide further information about the legal issues surrounding the disputed land and related agreements.
