SC to hear plea against conversion of parks into commercial land

[Lahore_Real_Estate]

By Masood Rehman

ISLAMABAD: A three-member Supreme Court bench will hear from today (Monday) a constitutional petition challenging the conversion of parks and public lands into residential and commercial properties in Karachi.

The bench consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Chaudhry Ijaz Ahmed and Justice Khalilur Rehman Ramday would hear the petition of former Karachi district nazim Naimat Ullah Khan which maintains that the conversion of parks and public lands into residential and commercial properties was illegal, unlawful, based on malafide, in gross violation of the fundamental rights of citizens and without jurisdiction and should be stopped by the court.

Referring to Article 184(3) of the constitution, the petitioner has raised 14 questions, including whether any government authority, institution or organisation is vested with the power to convert public land and plots reserved for the recreation of public into residential or commercial estates; whether the conversion of public land such as playgrounds, parks, parking lots etc into residential, commercial or other property was not a violation of fundamental rights of the citizens of the Islamic Republic of Pakistan; whether any political party, group or coalition was entitled to establish its party offices/camp offices over land reserved for public use and amenity purposes.

Former Karachi nazim Naimat Ullah Khan said the executive functionaries due to their influences, political affiliation and financial power avoid performing their duties, which badly affects the administrative matters of Sindh and Karachi. He said it was the duty of the state to provide playgrounds, parks and other amenity services to its citizens. The former district nazim alleged that illegal possession of properties by the land mafia is the cause of the poor law and order situation in Karachi.

He stated that Karachi is one of the largest cities in the world with an ever growing population of 15 million besides being the financial capital of the country. The former Karachi nazim, who belongs to the Jamaat-e-Islami, said population expansion has expanded the area of the city, which has greatly increased the prices of residential and commercial properties. The former district nazim argued the city has a great social, cultural and political importance, which has led to the phenomena of land grabbing, encroachment and illegal occupation of properties by the land mafia.

Giving details, he said offices of political parties have been established on public properties in Shah Faisal Town, Gulshan-e-Iqbal Town, Gadap Town, Jamshed Town, Malir Town, Site Town, Orangi Town, District South, District Central, Kimari Town, while parks and plots where residential/commercial plotting was done in the last four years are located in North Nazimabad Town, Baldia Town, Site Town, Orangi Town, New Karachi Town, Gulberg Town and Gadap Town.