KARACHI: The Sindh High Court has ruled that conversion of amenity parks and playgrounds for commercial use and renting them out under the public-private partnerships is illegal and without any lawful authority.

The court has also set aside the agreements inked between the Karachi Metropolitan Corporation (KMC) and private parties for renting out nine parks and playgrounds of the city.

A two-judge bench comprising Justice Muhammad Iqbal Kalhoro and Justice Mohammad Abdul Rahman on Thursday noted that the land for these public spaces, including Jheel Park, Hill Park, Umer Sharif Park, Bagh Ibne Qasim, KMC Sports Complex, Hosh Muhammad Shaheedi Park in KDA Scheme 5 and three parks / amenity plots in Block 2 of Clifton was owned by the Karachi Development Authority or the ministry of housing & works, and that the KMC has no right to administer such parks and playgrounds.

Overturning an impugned resolution of City Council regarding renting out parks and playgrounds under public-private partnerships, the SHC ruled that the KMC has no authority to regulate such parks or playgrounds under the Sindh Local Government Act, 2013 and it also lacked jurisdiction under the Karachi Development Authority Order.

City Council resolution authorising the corporation to rent out the amenity plots also overturned

The bench gave these rulings while allowing a petition filed by opposition leader in the City Council, Saifuddin Advocate, along with Jamaat-i-Islami’s chairmen of TMCs, including New Karachi, Liaquatabad, Gulberg, Nazimabad, North Nazimabad, Model Colony, Gulshan-i-Iqbal and Landhi, as well as a member of the City Council, in July challenging the City Council’s decision to allow the conversion of amenity park plots for commercial use on a rental basis allegedly in collusion with private parties.

The judgement, authored by Justice Rahman, said that a perusal of the functions indicated that KMC has been entrusted within regulating Zoological Garden, Safari Park, Aquarium, Sports Complex and beaches; and it did not have the right to regulate amenity plots which were designated as parks or playgrounds.

It also observed that in the Sindh Local Government Act, the ‘zoological garden’ referred to zoo and a reference was made to ‘Safari Park’ and such reference was not meant to parks in general but to the Karachi Safari Park.

“It would therefore seem that the jurisdiction that has been exercised by the Karachi Metropolitan Corporation in the Impugned Resolution is in excess of the functions entrusted to it under the provisions of the Sindh Local Government Act, 2013,” it added.

The judgement further noted that the KDA Order, 1957 had been repealed by the Sindh Development Authorities (Laws) Ordinance, 2002 and revived by the Karachi Development Authority (Revival and Amending) Act, 2016 restoring the administration of the statutory body to areas under its administrative control.

It would, therefore, seem that after the re-enactment of that statute, the provisions of Article 52 A of the KDA Order, 1957 would once again be invoked to regulate the usage of amenity plots within the area administered by it.

The bench in its judgement said that each and every public-private partnership agreement entered into by the KMC authorising maintenance of parks was in excess of its jurisdiction, illegal and cannot be sustained. It also stated that the bench did not need to consider secondary question as to whether the agreements were entered into in violation of the provisions of the Sindh Public Procurement Act, 2009 and make any opinion on the same.

“Suffice to say that each of those “Public Private Partnership Agreements” are illegal and void as being entered into by the Karachi Metropolitan Corporation in excess of the jurisdiction conferred to it under the Sindh Local Government Act, 2013,” it added.

The judgement further noted that the parks/playgrounds identified by the petitioners apart from the KMC Sports Complex, have been put to a use other than for what they were originally designated and which act cannot, therefore, be ratified under the relevant provision either.

“For the foregoing reasons we hereby declare that the impugned resolution, the ‘Public Private Partnership Agreements’ that have been entered into by the Karachi Metropolitan Corporation on the basis of the impugned resolution and any amenity plots that have been ‘rented’ by the Karachi Metropolitan Corporation on the basis of the impugned resolution, being in excess of the functions of that authority as indicated in Part I of Schedule II read with Section 72 of the Sindh Local Government Act, 2013 are illegal and void and that the usage of amenity plots specifically designated for use other than as a ‘playground’ e.g., as an ‘amusement park’ ‘park’ a ‘public building’ and a ‘high school’ being put to use as ‘playgrounds’ in violation of the provisions of Article 52 A of the Karachi Development Authority Order, 1957 is also illegal and are set aside.

Earlier, the petitioners had submitted that the KMC, in collusion with private entities, was unlawfully converting amenity plots for parks into commercial ventures under the guise of public-private partnership agreements.

They also contended that such commercial activities included establishing sports grounds and charging exorbitant fees for their use, parking for water tankers and conducting other profit-driven operations.

Published in Dawn, September 5th, 2025