FCC overturns Supreme Court order to demolish Monal Restaurant

The Federal Constitutional Court (FCC) on Monday set aside the Supreme Court’s order directing the demolition of Monal Restaurant in the Margalla Hills.

As per news reports, the court allowed appeals filed by the Capital Development Authority (CDA) and the Metropolitan Corporation and also vacated the stay order in the case.

The Supreme Court had ordered the restaurant’s demolition within three months on June 11, 2024. The federal government later supported a review petition against that ruling.

The FCC held that ownership disputes must be decided independently by the trial courts without being influenced by observations made in earlier proceedings. It said administrative issues should be dealt with by the relevant regulatory authorities.

The court also directed the trial courts to decide pending cases as early as possible.

During the hearing, Justice Hassan Azhar Rizvi observed that several aspects had not been considered in the earlier judgment. He said the matter would be decided according to law and not on the basis of emotion.

Counsel Ahsan Bhoon praised the court’s examination of the case, but Justice Rizvi said the court did not require praise and would issue only those orders justified by the proceedings.

The ruling came days after the FCC set aside another Supreme Court order that had led to the demolition of Nasla Tower in Karachi.