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ISLAMABAD: The Federal Constitutional Court has declared void and nullified the decision of Supreme Court Chief Justice Qazi Faiz Isa in the Monal case, ARY News reported.<\/strong><\/p>\n The Federal Constitutional Court said serious injustice occurred in the Monal case due to exceeding the limits of judicial authority and issued a detailed written decision accepting the review petitions filed by the Capital Development Authority (CDA) and Metropolitan Corporation.<\/p>\n The court said the Supreme Court\u2019s previous review decision in the Monal case also cannot stand.<\/p>\n It observed that the rights of affected parties were decided without providing them an effective opportunity of hearing. Even a decision of the highest court cannot be maintained without hearing the affected persons, the court said, adding that the Supreme Court should have refrained from hearing the Monal case under the circumstances.<\/p>\n The court ruled that judicial findings should be based on the record, evidence and law, rather than personal information. Observations regarding the personal relations and political affiliations of the parties were deleted.<\/p>\n The Federal Constitutional Court also observed that the claim that restaurants caused fires in the Margalla Hills was not proven by evidence. It said an inquiry commission\u2019s report cannot be treated as final proof of disputed facts.<\/p>\n The court ruled that an absolute ban on restaurants in Margalla National Park was not consistent with the relevant legal regime. It said the core question was whether specific construction activity harms the purpose of the national park.<\/p>\n Public facilities in a national park are permitted subject to environmental protection and legal conditions, the court said. However, CDA approval cannot legalise an environmental activity prohibited under the law.<\/p>\n The court ruled that disputes over land ownership, lease and rent should be decided by the civil court on the basis of evidence.<\/p>\n The direction allowing the Wildlife Board to collect rent was struck down, while the rent collected or withdrawn by the Wildlife Board was ordered to be deposited immediately in the national exchequer.<\/p>\n The Federal Constitutional Court ordered that related civil cases be consolidated and the federal government be made a party. The civil court was directed to decide the cases quickly without being influenced by previous judicial observations.<\/p>\n The affected parties can seek fresh interim relief from the relevant civil court, while pending intra-court appeals will be decided separately on merit and law.<\/p>\n Justice Hasan Azhar Rizvi authored the 44-page detailed decision. The court declared the Supreme Court\u2019s August 21, 2024 decision void within the stated limits.<\/p>\n<\/div>\n