KARACHI: The Sindh High Court (SHC) on Thursday declared that no commercial activities can take place in public parks and playgrounds across Karachi.
A two-member bench, Justice Muhammad Faisal Kamal Alam and Justice Muhammad Hasan Akber, gave the ruling while hearing a petition filed by Jamaat-e-Islami (JI). The petition challenged the Karachi Metropolitan Corporation’s (KMC) decision to allow businesses to operate in public parks.
The petition was submitted by Advocate Saifuddin, the opposition leader in the City Council, along with the chairmen of nine Town Municipal Corporations, including New Karachi, Liaquatabad, Gulberg, Nazimabad, North Nazimabad, Model Colony, Gulshan-i-Iqbal, Jinnah, and Landhi, and another City Council member.
The court struck down a City Council resolution that had permitted amenity plots, originally meant for parks, to be used for commercial purposes.
In its detailed verdict, the SHC said the Sindh Assembly had failed to transfer powers to local governments as required by the Constitution. It added that the KMC has no authority to lease out public parks to private businesses.
The court stressed that parks and amenity plots must only be used for recreation and relaxation, and their purpose cannot be changed under any circumstances. It also noted that under Article 9A of the Constitution, public parks are part of citizens’ fundamental rights.
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