ISLAMABAD: The Supreme Court declared that designated parks and green areas must not be allowed to be converted for exclusively private use and/ or private profit.

The judgment authored by Justice Qazi Faez Isa said every designated park/ green area must be preserved; these areas may also be for the use and/ or benefit of the public.

“Designated parks and green areas must not be allowed to be converted for exclusively private use and/ or private profit,” it added. The petitioner, who acted in the public interest, alleged in his petitioner that the National Police Foundation had illegally allotted another plot to its Managing Director (MD), who already had been allotted a plot.

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The petitioner also alleged that the second plot allotted to MD was designated as a park/ green area in the layout plan of the Foundation.

He inter alia had prayed the apex court to direct the Foundation not to convert and allot green areas, parks and other public places to anyone.

‘The Constitution guarantees dignity of man and also right to life under Article 9 and if both are read together, question will arise whether a person can be said to have dignity of man if his right to life is below bare necessity like without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment.’

A clean atmosphere and unpolluted environment undoubtedly includes availability of parks and open spaces for recreation. The right to use the Park with all amenities… involves enjoyment of life which is covered by the word life employed in Article 9 of the Constitution,’ held by a five-Member Bench of this Court.

In addition, when land secured for a park or designated as green or open area is illegally converted and then unlawfully transferred to private use the people are deprived of their common or collective use of such land which violates Article 24 of the Constitution.

The Court turned down the judgment of the single judge of Islamabad High Court (IHC). The Chief Justice of the IHC had dismissed the petition on the ground that since the Foundation was a private trust, a writ cannot be issued against it. The petitioner then filed an appeal against the High Court order under Article 185(3) of the Constitution.

Copyright Business Recorder, 2023