SUO MOTU CASE NO.3 OF 2006--Cutting down of Trees in Jahangir Park,
This matter came before the Supreme Court of Pakistan as a suo motu case regarding the proposed cutting down of trees and construction of a multi-storeyed car parking plaza on a portion of Jehangir Park in Karachi by the City District Government. The core legal question concerned whether a public park can be converted for commercial use or alternative purposes, and the protection of public spaces meant for public welfare. The Supreme Court noted that the City District Government had already abandoned the parking plaza project due to public reservations and judicial intervention. Consequently, the Court held that the City District Government is restrained from converting the park in future to any use inconsistent with the law, and directed the authorities to restore the status of the public park and develop it accordingly, in line with established precedent. The key principle laid down is that public parks established for public welfare cannot be lawfully converted to commercial or other unauthorized uses, and authorities must maintain and restore their original status.
- Whether the City District Government has lawful authority to convert a public park into a commercial or parking facility?
- Can a local government convert a public park to any other use inconsistent with the law?
- Are authorities mandated to restore the status of a public park after an unauthorized project is abandoned?
ORDER
' In pursuance of notice dated 27th March, 2006, Manzoor Ahmed, E.D.O. (Law) City Government, Karachi appeared and filed following statement on behalf of City District Government, Karachi: "The City District Government has already written letter to the Chief Secretary, Government of Sindh. Copy of the same produced herewith annexure "A". However, CDGK has dropped the project for construction of Parking facility on a portion of Jehangir Park due to serious reservations from the NG0s."
2. The above statement is accompanied by another letter (coy of which has been endorsed to the Chief Secretary Sindh by the City District Government, Karachi). Contents thereof are also reproduced hereinbelow:-- "SUBJECT:-CONSTRUCTION OF MULTISTOREYED CARPARKING PLAZAS ON VARIOUS POTENTIAL SITES OFKARACHI CITY.
' The City District Government had planned for development of multistoried car parking plazas at various potential locations in the city, in view of the serious traffic congestions being observed in the CBD area and other arterials experiencing commercial activities resulting from the on-street parking. Under the first phase of the overall strategy the CDGK had planned for development of parking plazas at following five (05) locations:--
1. Lines area near Saddar Dawakhana
2. Clifton near Schon Underpass.
3. Faizi Rehman Gallery near Arts Council
4. Muhammad Community (Old Burial Ground) near Boulton Market Tonga Stand.
5. Portion of Jehangir Park (Machenzie Pavilion Ground) Saddar.
' Since the parking problem is very severe in Saddar Area the City Government has already planned for development of parking facility in Lines Area Re-development project. Since this facility is not sufficient to cater for complete demand of parking, it was, therefore, planned to utilize a portion of Jehangir Park for development of multistoried parking facility.
' In view of the serious reservations from NGOs and the order passed by the Hon'ble Supreme Court of Pakistan on Suo Motu Case No,3 of 2006, the City District Government Karachi has dropped the project for construction of parking facility on a portion of Jehangir Park."
3. The representative of the City District Government explained that a portion of the Jehangir Park was ear-marked for the purpose of construction of multi-storied car parking plaza. However, in view of the order of this Court and the objections raised by other Non-Governmental Organizations, the City District Government had decided to drop the project for construction of car parking plaza.
Mr. Naeem-ur-Rehman appeared and stated that the park is being utilized since 1893 as a public place, therefore, the City District Government had no lawful authority to convert the same for commercial purposes. Reliance was placed by him on a judgment of this Court in (C.P. No,36 of 2005) Moulvi Iqbal Hadier v. Capital Development Authority etc. He further stated that the directions be issued to the City District Government for restoring the status of the park to its original position and it should be developed because the same is meant for the public welfare as the general public uses the same from time to time.
4. After having gone through the judgment relied upon by him and on pursuing the statement filed on behalf of the City District Government, we direct that although the project has been abandoned for the reasons mentioned in the statement but City District Government is restrained to convert the same in future to any other use save in accordance with the law. However, in terms of the judgment which has been relied, the City District Government is directed to restore the status of the public park and develop the same accordingly.
5. Petition stands disposed of.
Cited by 4 cases
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- DISTRICT CRICKET ASSOCIATION, RAHIM YAR KHAN through President vs SECRETARY HEALTH, GOVERNMENT OF PUNJAB, LAHORE and 7 others 2015 PLJ Lahore 922
- Mst. SUGHRABHAI Versus PROVINCE OF SINDH through Chief Secretary 2017 CLCN 208