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---Allotment of land in the National Park by Capital Development Authority (CDA)---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---Applicant [Sunshine Heights (Pvt.) Limited ('the Company')] claimed to be allottee of six thousand square yards of land in the National Park for thirty-three years---Held, that purported allotment to the Company made twenty-eight years ago was not in accordance with the law---Requisite payment was also not made by the Company---Allotment letter stated that the allotment was for a period of thirty-three years and construction had to be raised within three years, but no construction had been raised even after twenty-eight years---Company's claim on the basis of allotment letter was not sustainable---In any event the law did not permit the construction of a restaurant, which the Company intended to construct, in the protected area of the National Park, and the Supreme Court had also categorically decided the same in the judgment under review---Application was 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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