The Sindh High Court (SHC) on Thursday ruled that all commercial activities in public parks and playgrounds across Karachi are unlawful.
The verdict was delivered by a two-member bench, Justice Muhammad Faisal Kamal Alam and Justice Muhammad Hasan Akber, on a petition filed by Jamaat-e-Islami (JI) against the Karachi Metropolitan Corporation’s (KMC) practice of leasing out public parks for business use.
The petition, moved by Advocate Saifuddin, the opposition leader in the City Council, along with the chairmen of nine Town Municipal Corporations (TMCs), including New Karachi, Liaquatabad, Gulberg, Nazimabad, North Nazimabad, Model Colony, Gulshan-i-Iqbal, Jinnah, and Landhi, challenged the City Council’s decision allowing commercial use of amenity plots reserved for parks.
The SHC annulled the City Council resolution, declaring that KMC lacked the legal authority to lease out parks to private parties.
The court also noted that the Sindh Assembly had not devolved powers to local governments as required under Article 140A of the Constitution.
In its judgment, the court stressed that parks and amenity plots are meant only for recreation and their status cannot be altered. It added that under Article 9A, public parks form part of citizens’ fundamental rights.