ISLAMABAD, Dec 26: The Supreme Court on Monday ordered an immediate stop to further work on a commercial mini-golf course being developed in a city park and asked the capital’s police chief to see that the order was obeyed.

A three-member bench of the apex court comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Faqir Mohammad Khokhar and Justice Mian Shakirullah Jan, passed the order on a private petition against the project and issued notices to the Capital Development Authority (CDA) and entrepreneur Shah Sharabeel to respond to the petition in February.

Chairman Awami Himayat Tehreek Pakistan Maulvi Iqbal Haider under Article 184(3) of the Constitution has challenged the conversion of the five-acre park in Sector F-7 of the federal capital into a commercial venture in public interest.

Appropriation of the park land for a commercial venture had caused a public outcry.

In a significant move, the Supreme Court bench made it clear that it will not allow anyone to withdraw the petition.

In his petition, Maulvi Haider has requested the court to direct the CDA to produce the “Resolution” relating to conversion of park land into the mini-golf course.

If any CDA resolution permitted such conversion, he pleaded the authority be directed to re-invite bidding through national newspapers and the land be awarded to the highest bidder.

Mr Shah Sharabeel, who owns the Al-Falah Mini Golf in Lahore and has been contracted by the CDA to develop same in the F-7 park, was present in the courtroom. He told the bench that construction on the site was continuing for the last five months.

He said that he had paid Rs500,000 at the time of signing of the lease agreement and would pay Rs2.55 million annually as rent.

Questioned by the bench about his locus standi in the matter, the petitioner from Karachi cited a 1999 Supreme Court judgment which had held that even a pedestrian could challenge an act of lawlessness.

The petitioner pleaded that the five-acre prime land of F-7 public park was leased out to Shah Sharabeel without inviting general expression of interest or calling tenders from the public. In the first place, the CDA had no legal right to convert land reserved for general public park into any commercial project, he contended.

Under the lease agreement, the petitioner said, the private party has been allowed to use the place for joint venture, franchise, fun fair, basant and other activities like holding of cultural events on the land meant for general public.

This lease agreement was in violation of fundamental rights and certain constitutional provisions besides causing huge loss to the public exchequer, he said.

According to him, the prime land had been leased out for a period of 15-years, which could be extended. While CDA will charge Rs2.55 million per year as rent, to be increased by 25 per cent rent after every five years, the rent will start one year after the start of the mini-golf course project.