2009 SCMR 1387 (PLP)
Syed JAWED HAIDER KAZMI — Petitioner Versus PROVINCE OF SINDH and others — Respondents
| Citation | 2009 SCMR 1387 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ |
| Parties | Syed JAWED HAIDER KAZMI — Petitioner Versus PROVINCE OF SINDH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 SCMR 1387 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 SCMR 1387 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 SCMR 1387 (PLP) (Syed JAWED HAIDER KAZMI — Petitioner Versus PROVINCE OF SINDH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Anwar Tariq, Advocate Supreme Court, Suleman Habibullah, Advocate-on-Record for Petitioner along with Manzoor Ahmed, Legal Advisor, C.D.G., Karachi.
- Mehmood A. Noorani, Additional Advocate-General, Sindh for Respondent No. 1.
- A. Siddiqui, Advocate-on-Record and Manzoor Ahmed, Law Officer, C.D.G., Karachi for Respondents Nos.2 and 3. -
- Izhar Alam Farooqi, Advocate-on-Record and Shahid Jameel, Legal Advisor, K.B.C.A. for Respondent No.4.
- ----Arts. 184(3) & 185(3)---Public Interest Litigation---Petitioner, advocate by profession, in Public Interest Litigation, filed constitutional petition against the respondents, inter alia, pleading that nature of Park in question, which had been used as Public Park since pre-partition, had been changed and so many persons had illegally encroached upon the land and constructed shops thereon with collusion of corrupt staff of Corporation---High Court had disposed of the constitutional petition on the subject with certain observations---Petitioner dissatisfied with judgment of High Court filed petition for leave to appeal---High Court, in the present set of circumstances, had rightly comprehended the matter and disposed of the petition with certain directions/observations qua maintenance of existing status of the park and its development---High Court had provided sufficient safeguards to the apprehension shown by the petitioner inasmuch as the concerned authorities were restrained from raising any further construction for any other purpose---Counsel for authorities had undertaken before the Supreme Court to comply with the directions and observations of the High Court in letter and spirit---Grievance of the petitioner and for that purpose the other residents of the locality, had sufficiently been redressed and taken care of as the concerned authorities undertook to maintain the status of the park in question---No case of leave to appeal having been made out, petition was disposed of with observation for all concerned that they would be bound by the commitments and undertakings given before Supreme Court.
- 2. Petitioner, Advocate by profession, in public interest litigation, filed the constitutional petition against the respondents, inter alia, pleading that nature of Park Plot in the name of "Baloch Park", which had been used as public park since pre-partition,- has been changed and so many persons illegally encroached upon the land and constructed shops with collusion of corrupt staff of Ex-Karachi Municipal Corporation; City District Government, Karachi, started constructed of a Community Centre/Computer Centre; the city park is being converted into commercial unit which is not permissible under the law; the -people of the locality were using the park by playing different games and construction of community centre/computer centre deprived these persons from using the park. In the said backdrop, the petitioner sought - - following relief in the writ petition:---
- 4. Learned counsel for the petitioner has vehemently contended that from the very inception Balouch Park was being used as park by the residents of the locality and now the said plot is being converted into commercial plot which cannot be used for any other purposes. He has added that the shops were constructed with the connivance of the staff of respondents. Nos.2 to 4. He has referred to the judgments reported as Sheri-CBE v. Lahore Development Authority 2006 SCMR 1202, Iqbal Haider v. Capital Development Authority PLD 2006 SC 394, Ardeshir Cowasjee v. ,Karachi Development Authority 2007 CLC 668 and Sheri v. Province of Sindh 2001 .YLR 1139. Learned Additional Advocate-General, Sindh, has submitted that at present no sufficient funds are available with the Town Municipal so as to improve the condition of the' park as directed by the learned High Court, therefore, City Nazim, may be summoned and directed to provide funds to the Town Municipal for undertaking the improvement in the park.
- Manzoor Ahmed, Advocate (Legal Advisor), representing respondents Nos.2 and 3, while referring to the comments furnished by respondent No.3, has submitted that they did not commit any illegality in utilizing the park and that the petition is not maintainable. On Court query, he under instructions from the Officers concerned, present in Court, through written undertaking, committed to implement/execute the impugned order, dated 7-2-2008 and stated that the said park will be maintained as play ground/park and no further construction will be made. The said written undertaking has been placed on record and shall be deemed to be part of today's order, which reads as follows:---
- Shahid Jameel, Advocate (Legal Advisor, K.B.C.A.), adopted the arguments advanced by Mr. Manzoor Ahmed, Advocate, and stated that as the construction of I.T. Centre was made by Public Works Department, therefore, no site plan was made by Public Works Department, therefore, no site plan was submitted before K.B.C.A. for its approval and sanction.
- 5. Having heard the learned counsel for the parties and examined the available record, we feel that in the present set of circumstances the learned High Court rightly comprehended the matter and disposed of the petition with certain directions/observations qua maintenance of existing status of the plot and its development. The learned Division Bench has provided sufficient safeguards to the apprehension shown by the petitioner inasmuch as the concerned authorities were restrained from raising any further construction for any other purposes. Learned counsel for respondents Nos.2 and 3 has undertaken before this Court to comply with the directions and observations of the learned High Court in letter and spirit. Additionally, as noted above undertaking has been furnished to this Court today committing to implement the order, to maintain the status of the 'plot as park and playground and not to make any further construction in the area of playground park. We feel that the grievance of the petitioner and for that purpose the other residents of the locality, has sufficiently been redressed and taken care of as the concerned authorities undertook to maintain the status of the park/playground thus, we are not inclined to further process the matter. Additionally, no case of leave to appeal is made out.
Headnotes / Summary
Arts. 184(3) & 185(3)
Petitioner, advocate by profession, in Public Interest Litigation, filed constitutional petition against the respondents, inter alia, pleading that nature of Park in question, which had been used as Public Park since pre-partition, had been changed and so many persons had illegally encroached upon the land and constructed shops thereon with collusion of corrupt staff of Corporation
High Court had disposed of the constitutional petition on the subject with certain observations
Petitioner dissatisfied with judgment of High Court filed petition for leave to appeal
High Court, in the present set of circumstances, had rightly comprehended the matter and disposed of the petition with certain directions/observations qua maintenance of existing status of the park and its development
High Court had provided sufficient safeguards to the apprehension shown by the petitioner inasmuch as the concerned authorities were restrained from raising any further construction for any other purpose
Counsel for authorities had undertaken before the Supreme Court to comply with the directions and observations of the High Court in letter and spirit
Grievance of the petitioner and for that purpose the other residents of the locality, had sufficiently been redressed and taken care of as the concerned authorities undertook to maintain the status of the park in question
No case of leave to appeal having been made out, petition was disposed of with observation for all concerned that they would be bound by the commitments and undertakings given before Supreme Court. Qamar Masoodi, Deputy. T.O. and Director (Parks,) C.D.G. Karachi. Muhammad Asim, T.O. (Infrastructure), C.D.G., Karachi.
Judgment & Decree
MIAN HAMID FAROOQ, J.
Petitioner, seeks leave to appeal, against order, dated 7-2-2008, whereby the learned Division Bench of the High Court of Sindh at Karachi, disposed of his constitutional petition (C.P. No.123 of 2007) with certain observations.
2. Petitioner, Advocate by profession, in public interest litigation, filed the constitutional petition against the respondents, inter alia, pleading that nature of Park Plot in the name of "Baloch Park", which had been used as public park since pre-partition,- has been changed and so many persons illegally encroached upon the land and constructed shops with collusion of corrupt staff of Ex-Karachi Municipal Corporation; City District Government, Karachi, started constructed of a Community Centre/Computer Centre; the city park is being converted into commercial unit which is not permissible under the law; the -people of the locality were using the park by playing different games and construction of community centre/computer centre deprived these persons from using the park. In the said backdrop, the petitioner sought - - following relief in the writ petition:
"It is, therefore, respectfully, prayed that Honourable Court may be pleased to issue writ and/or other appropriate order and declaration: (a) To direct the respondents Nos.2 and 3 to stop immediate construction of the Community Centre/Computer Centre. - (b) To direct respondent No.4 to demolish the construction raised for Community Centre/Computer Centre and the structure of two rooms constructed near the left side main entrance gate of the park as that Balouch Park may be restored to its original position. (c) Any other relief/relief(s) which this Honourable Court may deem fit and proper in the interest of justice."
3. It appears for the record that respondents Nos.1 to 4 contested the petition and submitted that the plot has been utilized towards I.T. Centre/Park and that they will facilitate the residents of the locality by providing them a clean atmosphere in the park. Respondent No.3, in its comments, while admitting major assertions of the petitioner took the stance that the park could not be developed due to shortage of funds and now the funds are available and the Park is being developed on modern facilities known as IT Park. These comments are reproduced below:-- "Comments of respondent No.3 on Behalf' of Saddar Town It is respectfully submitted in the above noted matter as under:-- (1) That the petitioner has misled the matter before this Honourable Court with mala fide intentions. (2) That the park in question is in existence since very long time. (3) That due to shortage of funds, the Park in question was not developed. (4) That at present the funds are available to meet the required expenses. (5) That now the park in question is being developed on modern facilities known as I.T. Park. (6) That the Honourable Supreme Court of Pakistan, has held that the open spaces meant for parks, gardens, play grounds etc., are necessary for the physical and mental health of the Society. (7) That the park in question cannot be leased/allotted to any person under the law. (8) That the park in question is based on Jagging Tracks, Small Cricket Pitch for children, Trees Plantation all around the park with coconut trees, greening and benches for sitting for the public-at-large. In view of the above submissions before the Honourable Court, it is respectfully submitted that the application of the applicant may kindly be dismissed keeping in view the interest of public -at-large." The learned Division Bench of the High Court of Sindh, Karachi, after hearing the parties disposed of the petitioner's constitutional petition vide order, dated 7-2-2008. Operative part whereof is reproduced below:
"We order that existing status of the plot to be maintained and park be developed expeditiously providing thereby recreation to the children and a walking track for the visitors while no further construction for any other purposes to be raised. The learned counsel for the respondents to ensure that the park is utilized without any restrictions but within the given timings of morning and evening. The photographs placed by the learned counsel for the petitioner are taken on record." Hence the present petition.
4. Learned counsel for the petitioner has vehemently contended that from the very inception Balouch Park was being used as park by the residents of the locality and now the said plot is being converted into commercial plot which cannot be used for any other purposes. He has added that the shops were constructed with the connivance of the staff of respondents. Nos.2 to
4. He has referred to the judgments reported as Sheri-CBE v. Lahore Development Authority 2006 SCMR 1202, Iqbal Haider v. Capital Development Authority PLD 2006 SC 394, Ardeshir Cowasjee v. ,Karachi Development Authority 2007 CLC 668 and Sheri v. Province of Sindh 2001 .YLR 1139. Learned Additional Advocate-General, Sindh, has submitted that at present no sufficient funds are available with the Town Municipal so as to improve the condition of the' park as directed by the learned High Court, therefore, City Nazim, may be summoned and directed to provide funds to the Town Municipal for undertaking the improvement in the park. Manzoor Ahmed, Advocate (Legal Advisor), representing respondents Nos.2 and 3, while referring to the comments furnished by respondent No.3, has submitted that they did not commit any illegality in utilizing the park and that the petition is not maintainable. On Court query, he under instructions from the Officers concerned, present in Court, through written undertaking, committed to implement/execute the impugned order, dated 7-2-2008 and stated that the said park will be maintained as play ground/park and no further construction will be made. The said written undertaking has been placed on record and shall be deemed to be part of today's order, which reads as follows:
"Undertaking on behalf of the C.D.G.K. and T.M.A. Saddar I, on behalf of C.D.G.K. and T.M.A., Saddar, hereby undertake to implement the order of the Honourable High Court passed in C.P. No.123 of 2007, dated 7-2-2008. The I.T. Centre may be maintained as I.T. Centre that the playground/park may also be maintained as playground/park, no any type of further constructions shall be made in the area of the playground/park. Shahid Jameel, Advocate (Legal Advisor, K.B.C.A.), adopted the arguments advanced by Mr. Manzoor Ahmed, Advocate, and stated that as the construction of I.T. Centre was made by Public Works Department, therefore, no site plan was made by Public Works Department, therefore, no site plan was submitted before K.B.C.A. for its approval and sanction. Qamar Masoodi, Director (Park), on a Court question stated that as sufficient funds are available, therefore, directions of the learned High Court will be complied with within a period of two months.
5. Having heard the learned counsel for the parties and examined the available record, we feel that in the present set of circumstances the learned High Court rightly comprehended the matter and disposed of the petition with certain directions/observations qua maintenance of existing status of the plot and its development. The learned Division Bench has provided sufficient safeguards to the apprehension shown by the petitioner inasmuch as the concerned authorities were restrained from raising any further construction for any other purposes. Learned counsel for respondents Nos.2 and 3 has undertaken before this Court to comply with the directions and observations of the learned High Court in letter and spirit. Additionally, as noted above undertaking has been furnished to this Court today committing to implement the order, to maintain the status of the 'plot as park and playground and not to make any further construction in the area of playground park. We feel that the grievance of the petitioner and for that purpose the other residents of the locality, has sufficiently been redressed and taken care of as the concerned authorities undertook to maintain the status of the park/playground thus, we are not inclined to further process the matter. Additionally, no case of leave to appeal is made out.
6. In view of the above, the present petition stands disposed of with the observation, for the consumption of all concerned, that they will be bound by the comments and undertakings given before this Court and the observations/directions contained in order, dated 7-2-2008, passed by the High Court of Sindh, Karachi. H.B.T./J-11/SC Petition dismissed.