Monal Restaurant Islamabad must be de-sealed by the Supreme Court

Monal Restaurant Islamabad must be de-sealed by the Supreme Court

Orders the Monal restaurant in Islamabad to be un-sealed. The Supreme Court on Tuesday ordered the de-sealing of Islamabad’s Monal Restaurant, which is located in the beautiful Margalla Hills. The Islamabad High Court had ordered that the restaurant be sealed and that it be taken over.

Justice Ijazul Ahsan led a three-person bench that made the ruling at the top of the court.

People in the capital city have been told to close down the Monal restaurant and take over the Margalla Greens golf club, which was built on land that wasn’t theirs. It also found that the military’s claim to 8,000 acres of Margalla Hills National Park was illegal.

Read more with EL news : The Supreme Court maintains the status quo at the Monal Restaurant

Companies in the Monal Group of Companies then went to the Supreme Court and asked it to overturn the IHC decision.

Is there any proof that the IHC has signed an order to close down the restaurant?

In response, the lawyer for the restaurant, Makhdom Ali Khan, said that he had a certified copy of the IHC’s brief order with him at all times.

This is what the man said: An intra-court appeal had been set up, but the case was thrown out before it could even start.

The top court wondered how the restaurant could be closed before the written orders from the court came out. This is how it works: A judge said: “The Islamabad Wild Life Management Board (IWMB), which shut down the restaurant, was not even a party to the case.”

“Principally, there is no order from the IHC that can be used to close the restaurant,” Justice Mazahir Naqvi, another judge on the bench, said. Verbal orders have no legal or constitutional weight.

Justice Ahsan said that other restaurants may have been served a notice before they were closed down. This is what he said. The Monal Restaurant, on the other hand, was not like this.

How many restaurants have been closed by the IWMB board? The judge asked the lawyer for the IWMB about that number.

In the first few days, the lawyer said, “Gloria Jeans Cafe and La Montana have been given notice.”

Monal Restaurant took Justice Naqvi’s dislike to heart. “Is it a monarchy that the Emperor made the decree, and it was put into effect before he even signed it?,” he asked.

The court then told the authorities to open the restaurant.

In its petition to the Supreme Court, the restaurant said that when the high court used its own powers, it ordered the chairman of the Capital Development Authority and the head of the IWMB to take over the restaurant and seal the premises, even though none of the parties had asked for this. This violated the petitioner’s basic rights, the court said.

The petition said that the Monal Group of Companies had 650 employees, and that because of the high court order, the employees and their families were hurting.

On November 9, the IHC said that a lot of people were too lenient about the destruction of the Margalla Hills National Park and the wildlife sanctuary, and they should have done more to stop it. The court also asked for a survey to be done of the damage and a report to be written up.

In the same month, the court asked Pakistan’s attorney general to tell them if Messers Remount, the veterinary and farms directorate of the General Headquarters, could legally own or manage state land in the protected area of the national park. They wanted to know if they could do that.

When Monal Group of Companies said that before its lease with the Capital Development Authority expired on Aug 31, 2021, the company had signed a new deal with Remount. This raised the question.

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Monal Islamabad to be transformed into a nature preserve

Monal Islamabad to be transformed into a nature preserve

Monal to be converted into a nature sanctuary. It’s hoped that the Islamabad Wildlife Management Board (IWMB) will turn Monal Restaurant into a wildlife educational center to help people learn more about protecting and preserving the Margalla Hills National Park (MHNP).

According to the details, the IWMB has proposed to set up this center, and now it will be presented at the formal meeting for final approval. The climate change ministry has already praised the court’s decision to close down Monal Restaurant, and it is likely to back the idea for this center. A report from AGP says that Monal Restaurant and the Navy Club are two of the 79 places infringed on.
Monal has decided against it.
Because two other restaurants are still open near the protected MHNP, the IWMB will also serve them with notices about the rules. People who built homes and businesses on land in the national park illegally took it, an official from the climate change ministry said. They are working on getting the land back.

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This will help improve biodiversity, promote plants and animals, and restore the national park’s ecosystem. He said this because the court’s decision will help significantly with that. The IWMB chairperson said, “Old Islamabad Zoo is being turned into a wildlife park with a separate rescue center for animals that have been hurt.”

She said, “Also, we want to turn Monal Restaurant into an educational/information center for the wildlife of MHNP.” They will be open to everyone. Both of these projects are good for the public, so the Capital Development Authority (CDA) doesn’t mind them at all. The projects will make people more aware of wildlife and teach them to respect and value the rich biodiversity of the national park, she said.

She said that for the Naval Golf Course, the land taken from MHNP would be returned following the court’s decision. “Monal Restaurant has been closed at least three times,” she said. Now, other restaurants in the area would also get a notification.

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IHC closes Monal Restaurant, criticises military intrusion in park

IHC closes Monal Restaurant, criticises military intrusion in park

IHC seals Monal Restaurant, targets military encroachment in the national park. On Tuesday, the Islamabad High Court (IHC) ordered city officials to close today’s Monal Restaurant and seize control of the Margalla Greens Golf Club, which was built on encroached territory. The IHC also declared the military’s claim to 8,000 acres of Margalla Hills National Park unconstitutional.

The ruling was issued by IHC Chief Justice Athar Minallah to Islamabad Capital Territory Chief Commissioner Amer Ali Ahmed during a hearing on encroachments in the national park.

“This court will safeguard the public interest as a whole,” the judge stated.

The climate change secretary, who was present at the session, pressed for the release of Islamabad’s master plan.

Justice Minallah stated that all rules pertained to the three branches of the armed forces and inquired as to their implementation. He questioned whether the Pakistan Air Force had obtained consent from the Capital Development Authority (CDA) for the constructions carried out by the Pakistan Air Force.

“It is probable that they are concerned about their security,” he observed.

The judge stated that the defence secretary’s concerns should be heard as well, and the legislation should be strictly enforced. “If the lease of Monal has expired, seal it,” Justice Minallah remarked.

CDA officials responded to the judge’s directions and sealed the restaurant.

The Environmental Protection Agency was instructed to prepare a report on the harm caused by the national park’s construction. Additionally, the IHC directed the CDA to assume control of the Margalla Greens Golf Club today.

“The defence secretary should conduct an investigation into the navy golf course’s encroachments and impose appropriate action against those involved,” Justice Minallah stated.

The IHC directed the defence secretary to oversee compliance with the court’s instructions and to ensure that none of the armed services’ three branches engaged in illegal construction.

“The defence secretary and chief commissioner should ensure that no complaints are brought before the court at this time,” Justice Minallah stated.

On November 9, the IHC held many officials accountable for their complacency about the devastation of Margalla Hills National Park and the wildlife sanctuary. Additionally, the court ordered a survey of the damage and the submission of a report.

Earlier that month, the court had also asked Pakistan’s attorney general to explain whether Messers Remount, the General Headquarters’ (GHQ) veterinary and agriculture department, could lawfully possess or manage state land within the national park’s designated region.

Read more with EL news : Investors are on the lookout for enticing capital gains Mall of Gujarat

‘Armed forces should not be a source of contention.’
The court was notified at the start of the hearing by the additional attorney general (AAG) that Special Assistant to the Prime Minister on Climate Change Malik Amin Aslam would be unable to appear due to a positive Covid-19 test.

Justice Minallah questioned the climate change secretary about his job description, noting that “the ministry has admitted that the state’s land has been encroached upon by private individuals.”

“How should this court proceed?” “What is occurring is unexpected,” the court stated.

Justice Minallah observed that “lawlessness” pervades the capital territory’s 1400 square miles.

“Three armed forces [wings] have been established into sectors (army, military, and navy). Armed forces should be completely uncontroversial. “It is not in the public interest,” said the court.

He stated that the law was clear on who may manage the armed forces’ lands and how they might do so, adding that the court would not allow anyone to politicize the armed forces. IHC closes the Monal Restaurant and targets military incursions into the national park

“A national park area is a protected area that cannot be used for any purpose. Nobody is permitted to cut grass within the national park region,” the court stated.

At this moment, Justice Minallah questioned where a land with no use or purpose could go. The AAG responded that it was the administration’s responsibility to determine this, to which the court said, “This is a matter for the law, not the executive.”

“No institution may own property,” the judge stated. “This court is tasked with the responsibility of safeguarding the national park. “The 8,000 acres of land have been added to the national park,” he noted.

Justice Minallah remarked that the armed forces were not autonomous, but rather were under to the Ministry of Defence’s direction.

The top justice stated that the navy’s construction of a golf course on encroached territory was not a “positive thing.” “Every citizen has a healthy regard for the military forces. If they do this (invade state property), it will convey the wrong message,” Justice Minallah observed.

“First and foremost, we must hold ourselves accountable. The poor are impoverished as a result of lawlessness.

“You admitted yourself that the golf course was illegal,” the judge stated before ordering the military secretary to turn over the golf course’s land to the CDA.

Meanwhile, CDA Chairman Amer Ali Ahmed informed the court that the navy had received a warning to close its sailing club.

The IHC ruled on Friday that the navy’s sailing club and farmhouses built on national park territory were illegal and ordered their demolition.

The defence secretary then informed the court that communities and hamlets were encroaching on park property as well.

The CDA chairman stated that alterations to the city’s master plan were being made without consideration and that “every institution has encroached in some way.”

He stated that the subject would also be brought to the cabinet’s attention.

“Once government institutions refrain from encroaching [on state territory], no one else will dare,” the CDA chairman stated. IHC closes the Monal Restaurant and targets military incursions into the national park

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