ISLAMABAD: The Supreme Court on Tuesday suspended the Islamabad High Court order and ordered de-sealing of Monal Restaurant situated at Margalla Hills Islamabad.
A three-member SC bench comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case filed by the Monal Group of Companies against sealing premises of Monal Resturant. The IHC on January 11 had ordered capital authorities to seal Monal Restaurant and take control of the Margalla Greens Golf Club built on encroached land. During the course of proceedings, Justice Ahsan asked whether the IHC had issued a signed order to seal the restaurant.
Advocate Makhdoom Ali Khan counsel for the Monal Group of Companies said that a certified copy of the IHC’s brief order was available. He said an intra-court appeal had been fixed, but the case was dismissed before hearing. The court questioned how the restaurant could be sealed before issuance of the written orders from the court. Justice Ijaz said that the Islamabad Wild Life Management Board (IWMB), which sealed the restaurant, was not even a party to the case. Justice Mazhar said that principally there was no order of the IHC for sealing the restaurant. Verbal orders had no legal or constitutional standing, he added. Justice Ijaz said other restaurants had apparently been served a notice before being sealed.
However, this was not the case with the Monal Restaurant, he added. He asked the IWMB lawyer about the number of restaurants sealed by his board. The counsel replied that Gloria Jeans Cafe and La Montana had been issued notices so far. The court also reprimanded Islamabad Wildlife Management Board (IWMB) Chairperson Rina Saeed Khan and removed her from the rostrum for causing repeated interference during the proceedings.
Justice Mazahar asked was it a monarchy that the emperor issued the decree and it was implemented before it was signed? The court directed the authorities to de-seal the restaurant. Justice Ijaz asked when rest of the restaurants were given written notices then why not Monal? It seemed that this restaurant had been targeted separately, he added.
The CDA’s lawyer also informed the court that the restaurant’s lease had expired six months ago. To which Justice Ahsan remarked that the dispute between CDA and Monal Restaurant would be decided by the concerned civil court. Later, hearing of the case was adjourned till date in office.
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