Federal Constitutional Court of Pakistan (Review Jurisdiction)
Metropolitan Corporation, Islamabad and Capital Development Authority v. Monal Group of Companies and others
C.R.P. No. 825 of 2024 and F.C.R.P. No. 44 of 2025 in C.P.L.A. No. 304 of 2022
Citation: Approved for reporting; reported citation not yet assigned
Question of law
The legal question
Whether final findings on ownership, lease validity, rent entitlement, and regulatory authority could be made while the civil suits remained pending and affected persons had not received an effective opportunity of hearing, and whether review could correct the resulting miscarriage of justice.
Holding
What the Court decided
The disputed ownership, lease, and rent questions require evidence and must be decided by the competent Civil Court. Final findings made through interlocutory proceedings, without an effective hearing for affected persons, violated the proper limits of jurisdiction and Article 10-A. The earlier Supreme Court judgment was reviewed to that extent, while CDA and the conservation board must exercise their respective statutory functions under applicable law.
Result
Outcome and directions
The review petitions were allowed. The civil suits must be consolidated, resumed, and decided expeditiously after evidence. Fresh interim-relief applications may be decided independently. The blanket invalidation of restaurant permissions and specified findings concerning the wildlife board were set aside, and consequential judgments based on the reviewed conclusions were held unable to survive independently. No order as to costs was made.
Statutory context
Read the relevant legal provisions
Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.
Independent analysis
Read Shahbaz Shah's legal commentary
The FCCP set aside key parts of the Monal Restaurant judgment, restored civil trials over lease and rent, and clarified CDA and wildlife-board authority.
Read full commentary →