The Monal Restaurant Demolition Decision has taken a significant legal turn after Pakistan’s Federal Constitutional Court set aside the earlier order concerning the well-known restaurant located in Islamabad’s Pir Sohawa area. The ruling marks a new phase in the long-running legal dispute over the property’s status and related administrative matters.
In its verdict, the Constitutional Court accepted the appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation Islamabad (MCI). The court also vacated the stay order that had remained in place during the proceedings, allowing the case to move forward under the framework outlined in the latest judgment.
The court clarified that questions regarding ownership and property rights will be decided by the relevant trial courts. It directed that those courts should determine the cases independently and without being influenced by any observations made during previous judicial proceedings.
The judgment further stated that administrative and regulatory issues connected to the property fall within the jurisdiction of the relevant regulatory authorities. This distinction separates legal ownership disputes from matters related to regulatory compliance and administrative oversight.
The Constitutional Court also instructed the trial courts to dispose of the pending cases as early as possible. The direction is intended to ensure that the legal issues are resolved without unnecessary delay while following the applicable legal process.
During the hearing, Justice Hassan Azhar Rizvi observed that several aspects had not been considered in the earlier Supreme Court proceedings. He emphasized that the Constitutional Court would base its ruling on the law and the record before it rather than emotions. During the arguments, counsel Ahsan Bhoon praised the court’s handling of the case, to which Justice Rizvi responded that the court would decide the matter strictly on the basis of the proceedings.
