The Federal Constitutional Court has ruled that the Supreme Court’s decision to cancel all leases in the Margalla Hills was contrary to law, holding that regulatory authority over the area rests with the Capital Development Authority (CDA) rather than the Wildlife Board.

In its detailed eight-page judgment authored by Justice Hassan Azhar Rizvi, the court also declared invalid the earlier direction requiring lease payments to be deposited with the Wildlife Board, saying such matters fall within the CDA’s jurisdiction.

The court held that the earlier proceedings suffered from serious legal defects, including the denial of a fair hearing and the failure to record evidence before reaching final conclusions. It said these shortcomings resulted in a miscarriage of justice.

The judgment noted that the dispute over Monal Restaurant’s lease and ownership rights was already pending before a civil court when the Islamabad High Court heard the constitutional petition. It added that the subsequent Supreme Court ruling effectively rendered those pending proceedings meaningless.

The Constitutional Court also criticized the Islamabad High Court for issuing observations and ordering inquiries against restaurants that were not parties to the case. It further held that the High Court misinterpreted provisions of the Wildlife Act and that the Supreme Court failed to correct those errors.

The court directed that the dispute over Monal Restaurant’s lease and land ownership be decided by the competent civil court in accordance with the law.