ISLAMABAD: Senior Civil Judge of Islamabad has withdrawn the stay order against the demolition of La Montana after plaintiff Ajab Gul decided to withdraw his suit.

Back in 2021, a single bench of the Islamabad High Court presided by the then Chief Justice Athar Minallah, had ordered the demolition of Monal and

La Montana because it was located in the middle of a protected national park and ran afoul the Wildlife Ordinance of 1978.

Monal appealed to the Supreme Court and got a stay. However, in June 2024, the Supreme Court of Pakistan bench headed by Chief Justice Qazi Faez Isa dismissed Monal’s appeal and confirmed the High Court’s order.

The SC, however, gave Monal a three-month grace period to vacate the place.

After expiry of the grace period on Sept 21, the demolition ordered by the Supreme Court finally began But the Senior Civil Judge surprisingly issued a stay order against the apex court’s decision.

The stay was granted by Judge Inamullah on the basis of a suit filed by a contractor Ajab Gul who alleged that the Wildlife Board had ignored procurement rules to award the contract to demolish the eatery.

The judge adjourned the hearing till Oct 3.

However, after a criticism over the restraining order, the plaintiff on Oct 2, filed an application for withdrawal of the case.

On his application, the Civil Court dismissed the suit, without issuing notices to the Wildlife Board.

The withdrawal of the case came to public notice only when, on 3rd October, lawyer for Wildlife Board went to the Court of Judge Inamullah with an Application seeking vacation of stay.

It was in the courtroom that the counsel for Wildlife Board was informed that the plaintiff had already withdrawn his case a day earlier and that the stay order had therefore already abated.

Published in Dawn, October 4th, 2024