SC reserves judgment on review of Margalla Hills Park ruling

ISLAMABAD: The Supreme Court on Tuesday reserved its judgment on review petitions challenging its June 11 ruling, which declared all leases and allotments within the Margalla Hills National Park (MHNP) as violating the Islamabad Wildlife Ordinance of 1979.

A three-member bench of the apex court, led by Chief Justice Qazi Faez Isa and including Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan, reserved the judgment on petitions filed by Sunshine Heights Pvt Limited and Capital View Point Restaurant (La Montana).

On June 11, the bench ordered the closure of all restaurants, including Monal, operating within the National Park. The court had granted the management of these establishments three months to relocate, emphasizing that the park is a public asset that must be preserved. The court had also stated that small kiosks along Pir Sohawa Road within the National Park could continue to operate, provided they were licenced by the Islamabad Wildlife Management Board and adhere to strict environmental guidelines, including waste disposal and fire safety measures.

During Tuesday’s proceedings, Chief Justice Qazi Faez Isa expressed concern over constructing large buildings within the National Park, noting that only small kiosks had been permitted. Naeem Bukhari, representing the petitioners, argued to review the judgment, saying that not all stakeholders had consented to the decision. He claimed that one of his clients, Dr Amjad, who owns a 66pc share in one of the restaurants, was abroad when the judgment was issued. Bukhari also contended that the restaurants had valid licences and were not established illegally. He mentioned that a past Federal Investigation Agency (FIA) investigation found no criminal wrongdoing by the restaurant owners. However, the chief justice dismissed this argument, saying that the issue at hand concerned basic rights, including those of wildlife in the park.

The chief justice further pointed out that despite a standing judgment by the high court, the petitioners continued to operate their businesses illegally within the park. Brigadier (retd) Falak Naz, Director Legal, Ministry of Defence, also appeared before the court, expressing his dissatisfaction with remarks made in the judgment suggesting that he should be court-martialed. The chief justice noted that the attorney general had already presented the federal government’s stance and that no review petition was filed by the Defence Ministry.

The court also heard arguments from the counsel for Sunshine Heights (Pvt) Limited, who claimed that their lease, granted in 1996 for 53 years, was cancelled by the CDA but later restored by the Rawalpindi bench of the high court. The chief justice remarked that the judge who restored the lease had previously advocated for judges to be allotted plots, raising concerns about the decision. The chief justice emphasized that the impugned judgment was made to protect and preserve the Margalla Hills National Park.

Naeem Bukhari later apologised for raising his voice during the proceedings, to which the chief justice responded that tough questions are sometimes necessary to fully understand a case. The court then reserved its judgment on the review petitions.