Federal Constitutional Court of Pakistan
Metropolitan Corporation, Islamabad and Capital Development Authority v. Monal Group of Companies and others
Published on this website · Updated
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
Case summary
The judgment in brief
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.
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.
Court 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.
Practical effect
What the decision means in practice
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.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Statutory context
Read the relevant legal provisions
Research paths
Continue through a legal issue guide
New judgment alerts
Follow this court or legal topic
Receive new judgments and analysis about Federal Constitutional Court of Pakistan, Constitutional Law, Civil Law by email.
Primary source
Original judgment and official source
This HTML summary does not replace the court record. Use the linked original judgment PDF or official court source to verify the exact text and directions.
Precedent record
Authority and later treatment
- Publication
- Approved for reporting; reported citation should be checked when assigned
- Primary source
- Primary judgment PDF held in the journal library
- Later treatment
- No later judicial treatment has yet been editorially verified for this record
Treatment labels are added only after the later judgment has been checked; absence of a label is not a statement that no later authority exists.
Research tools
Use this judgment in your research
Copy a link to a specific part
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 →