CAPITAL VIEW POINT RESTAURANT (LA MONTANA), ISLAMABAD vs CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islam

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CAPITAL VIEW POINT RESTAURANT (LA MONTANA), ISLAMABAD VS CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad Ss. 21(1), 21(2), 21(4) & Preamble---Islamabad Capital Territory Zoning Regulations, 1992, Regln. 3---Constitution of Pakistan, Art. 188---Review petition---Margalla Hills National Park ('the National Park")---Preservation and conservation---Restaurants operating in the National Park---By way of the judgment under review the Supreme Court declared that any lease, license, allotment or permission granted by Capital Development Authority (CDA), or by the Remount, Veterinary and Farms Directorate ('the Directorate') or any other department/authority to operate restaurants in the National Park was contrary to the provisions of the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979, therefore, the same were of no legal effect and were set aside---Restaurant under the name of Monal restaurant was operating in the National Park---When judgment under review was passed the petitioner (owner of Monal restaurant), in the presence of his counsel, had voluntarily agreed to vacate the restaurant situated in the protected National Park, but now he was seeking review of the consent order---Held, that the petitioner had no legal right to continue to be in possession of the land and to run a restaurant (Monal) in the National Park---Lease Agreement dated 10 March 2006 executed in favour of petitioner by the Capital Development Authority (CDA) had also expired after fifteen years on 10 March 2021---Though there was a clause in the Lease Agreement which permitted the extension of the lease neither party sought its extension, nor was it extended, therefore, the lease had come to an end---Petitioner got the possession of the land from CDA pursuant to the said Lease Agreement but had the audacity to file a suit against CDA and also contended therein that the amounts he had paid as rent to CDA should be refunded to him because CDA was not entitled thereto---Petitioner had also unilaterally sought to substitute his lessor (CDA) with the Remount Veterinary and Farms Directorate ('the Directorate') which was not a legal entity---Supreme Court in the judgment under review had declared the purported lease entered into with the Directorate to be of no legal effect, and the Federal Government had stated that the same was void ab initio and that the said lease was executed without the permission of the Federal Government---Petitioner had no legal right to continue with the possession of the land and his status was no better than that of a trespasser---Running a restaurant, Monal, in the protected National Park was in total disregard of the provisions of the Islamabad Wildlife (Protection, Preservation and Management) Ordinance, 1979---Operators of these restaurants, and those who permitted them to operate disregarded the integrity of the National Park; ravaged its trees and flora and displaced and disturbed the endemic bird and animal life---Natural environment of the National Park was adversely affected, and so were its resultant benefits, including as a catchment area for rainfall and the recharge of springs and streams---Astronomical environmental cost was also borne by the public and would continue to be borne by future generations---Before the judgment under review was announced an undertaking was given by the petitioner, in the presence of his counsel, to vacate the (restaurant) premises but he now wanted to resile from it---Making a mockery of solemn undertakings and to render them meaningless could not be permitted, and those doing so must suffer the consequences---Due to the petitioner's contemptuous behaviour and misconceived contentions the Supreme Court decided to withdraw/delete from its short order and detailed judgment under review the portion where the Chairman CDA present in Court stated that he would designate an officer to consider the request of the petitioner to give him preference in the leasing/allotting/licensing of premises/land for the running of restaurants if there were premises/land available for such purpose, and if the law permitted so---Review petitions and connected applications were dismissed.

CAPITAL VIEW POINT RESTAURANT (LA MONTANA), ISLAMABAD vs CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad Ss — 2024 SCMR 2010 SUPREME-COURT

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