CDA asked to provide machinery to raze Monal Restaurant

ISLAMABAD: In compliance with the Supreme Court orders, the Islamabad Wildlife Management Board (IWMB) has taken over the Monal and La Montana eateries situated inside the Margalla Hills National Park to demolish the structures and restore the affected area to its natural habitat.

In this regard, the wildlife board has requested the Capital Development Authority (CDA) for the provision of heavy machinery and staff for the demolition of these restaurants. Sources said that the IWMB sought machinery to remove the structure and debris.

“As the possession has now been successfully taken over by IWMB, we are preparing to commence the demolition of the structures, in compliance of Supreme Court (order). In this regard, we kindly request the provision of the necessary machinery and staff…through the Machinery Procurement Office (MPO) of the CDA or otherwise as appropriate,” read the letter of IWMB dated September 12.

The letter addressed to the CDA environment member appreciated the cooperation of the CDA throughout the process of securing possession of the Monal and La Montana restaurants.

Wildlife board takes over two eateries with plan to restore habitat

An official of the IWMB said that after completing the demolishing operation, the IWMB will fully implement SC orders issued on August 21 with a particular focus on the restoration of the affected areas to their original state.

He said that before large restaurants were built on the ridge on Pir Sohawa Road in the heart of Margalla Hills National Park, the breezy hilltop with a great view of the city was freely visited by the public and the same viewpoint would be restored after removing the said structures.

The official said that IWMB had already notified an 11-member committee comprising the climate change ministry, IWMB, district administration, the capital police, CDA officials as well as other experts. The official said that after the closure of the said two restaurants, the traffic load on Pir Sohawa Road had reduced.

Sources said that the owners of the two restaurants had no other option but to vacate the said buildings as their review petitions were also rejected by the apex court.

However, they are looking towards the CDA – which constructed Monal before renting it out for 15 years – to file a review petition in SC against the August 21 orders.

According to sources, the CDA has yet to decide about the review petition, but even if it decides to go to the apex court, it will wait for the “opportune moment”.

Monal was set up by the CDA and it rented out the eatery in 2006 for 15 years. The lease agreement expired in 2021 but just a few years before the lease expiry, the management of Monal told the CDA that the civic agency was not the owner of the land rather the land belonged to the army.

Monal had started depositing partial payments to both organisations. However, the claim of the army’s Remount, Veterinary and Farms Directorate was rejected by the Islamabad High Court, which directed against commercial activities in the national park.

On August 21 this year, the Supreme Court ordered the removal of these restaurants. In its detailed order, the apex court had directed the IWMB to take possession of the restaurants namely Monal, La Montana and Gloria Jeans and obligated the CDA and the police to assist the wildlife board.

Last week, the court also rejected the review petitions. In a damning observation, the court had dubbed the status of Luqman Ali Afzal, owner of the Monal Group of Companies, no better than that of a trespasser who had no right to operate in the protected area.

Likewise, La Montana and Gloria Jeans were in total disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance, 1979, observed Chief Justice Qazi Faez Isa in a 13-page order.

Headed by CJP Isa, a three-judge bench also consisting of Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan rejected a set of review petitions moved by the Monal Group of Companies, the Capital View Point Restaurant (La Montana), Sunshine Heights (Pvt) Ltd and by retired brigadier Falak Naz Bangash of the defence ministry.

Published in Dawn, September 17th, 2024