KARACHI: The Sindh High Court on Monday issued notices to the provincial and local authorities on a petition against a public auction for collection of entry fee from visitors to six major public parks in the metropolis.
The Karachi Metropolitan Corporation (KMC) is going to charge entry fee from visitors to Beach Park, Jheel Park, Hill Park, Bagh-i-Jinnah (Polo Ground), Ameer Khusro Park in Clifton and ST-22 Park, Clifton
A two-judge bench comprising Justice Yousuf Ali Sayeed and Justice Mohammad Abdur Rahman said that the respondents may proceed with the auction, but could not finalise the process till June 12.
The petition was filed against a public notice published in the media on May 14 regarding an auction for collection of entry fee at six parks within the domain of the KMC.
Citing the local government secretary, Karachi administrator and director general of parks & horticulture as respondents, petitioner Tariq Mansoor submitted that the impugned public notice was issued in violation of the orders of the Supreme Court.
Petition filed against move to restrict free access to Hill Park, Polo Ground, Jheel Park, etc
He argued that in a petition filed in 2009 by former Karachi mayor Naimatullah Khan, a larger bench of the Supreme Court, headed by the then chief justice of Pakistan passed various orders in 2021 and ruled that KMC-controlled parks and playgrounds must be available to all the citizens and children and no entry fee would be charged from anyone.
The petitioner submitted that as per the public notice, bidding was going to be held on Monday at the office of the parks & horticulture director general for collection of entry fee at Beach Park, Jheel Park, Hill Park, Bagh-i-Jinnah (Polo Ground), Ameer Khusro Park in Clifton and ST-22 Park, Clifton.
He argued that the petition was filed for adjudication justice, protection and enforcement of fundamental rights of the citizens and public at large as guaranteed in Articles 2-A, 3, 8, 9, 25, 37, 38 of the Constitution and the respondents had apparently attempted to infringe such rights.
He also contended that the orders of the Supreme Court were binding across Karachi division and the entire province as well as upon all public functionaries throughout Sindh including the respondents under Articles 189 and 190 of the Constitution.
The petitioner asked the SHC to declare the impugned public notice for auction illegal and unconstitutional as well as against the orders of the apex court.
He sought directives for the respondents and their subordinates and contractors/agents not to collect fee from the citizens and restraining order for them not to harass, obstruct and hinder the public on the pretext of charging fee.
The petitioner also pleaded to issue immediate orders for respondents to release sufficient amount of funds for upgrade, rehabilitation and maintenance of parks and grounds across the provincial metropolis with sound mechanism for accountability.
After a preliminary hearing, the bench issued notices to the respondents as well as to the advocate general for June 12.
“In the meanwhile, the respondents may proceed with the auction, but may not finalise the process or otherwise issue any work order till the next date,” the bench ruled.
Published in Dawn, June 6th, 2023
