The Supreme Court of Pakistan has ordered that no construction other than a jogging track is allowed on the premises of an amenity plot/park located in the Defence Housing Authority (DHA) Karachi.
The court ruled that this land is for public use, and people should not be denied access to the park’s facilities, except for paying a small fee for maintenance.
A two-judge bench, including Justice Mohammad Shafi Siddiqui and Justice Salahuddin Panhwar, was hearing a petition against the Sindh High Court’s March 11 decision.
The petition was filed by the managing committee of Masjid-i-Saheem and local residents. They objected to DHA and Clifton Cantonment Board (CBC) allowing a private company, M/s Optimum Sports, to use the land for commercial purposes.
The petitioners argued that a public amenity plot cannot be turned into a commercial zone and that people have used this park and nearby mosque parking for over 30 years.
They also claimed that the private firm started altering the mosque’s gate and parking, restricting access.
On the other hand, the respondent’s lawyer said the public can still enter, but a fee will be charged for using the jogging track. He admitted they also planned to build padel courts and other facilities.
The court, however, ordered that only the jogging track may be constructed for now. No other buildings or sports structures are allowed until the next hearing.
The case will now be moved to the Supreme Court’s principal seat in Islamabad for further review after the summer vacation.
The court also stressed that the rights of the public must be protected and that all contracts should be fair and transparent, especially when dealing with public land.