LAHORE: Establishment of a panahgah (shelter home) by the government at a public park in front of former finance minister Ishaq Dar’s house has raised eyebrows.

The move is not only illegal but also causing inconvenience to those using the place for recreation.

“After the establishment of the panahgah, we are in trouble as we have not enough space now to play cricket or other games at this park. They (officials on duty) don’t return our ball in case we hit it towards this shelter home,” Zubair, a young boy, told Dawn.

“They rebuke us, advising us not to enter the area of panahgah,” said the boy who was playing cricket with his fellows.

The Punjab government on Feb 7 converted Dar’s five-kanal house in Gulberg (H-Block) into a panahgah after taking its possession keeping in view the seizure by the National Accountability Bureau on July 27 last year in connection with a corruption reference. Last month, the government also planned auctioning of Dar’s Gulberg house but it could not do so after the Islamabad High Court issued a stay order on a petition of Mr Dar’s wife.

The facility is also being dubbed illegal

On Feb 10, the Lahore High Court (LHC), on a petition of Dar’s wife Ms Tabassum Dar, stayed conversion of the house into a panahgah and directed the authorities to vacate it. The government implemented the court order by finishing the project but it set up the facility at a portion of the public park. People from the adjoining areas of Model Colony, Mecca Colony and many others visit the park.

A source in the Lahore Development Authority (LDA) told Dawn that the government’s move to set up a shelter home by placing containers with temporary toilets at the public park was unlawful as the place was actually meant for recreational purposes.

“Various sections of the LDA Act 1975 empower the authority to plan and execute housing schemes (such as Gulberg and others) both in public and private sectors.

“Similarly with reference to LDA Act, the LDA Private Housing Schemes’ Rules (2014) were framed to permit development of such schemes and regulate them. And under these rules, the sponsors of the housing schemes are bound to leave 7 per cent of the total area of the land, planned for the schemes, for open spaces (parks, greenbelts etc),” the source said.

“So it’s illegal if such places are used for the purposes other than the objectives / purposes approved in the plan / design of the scheme. And if there is any such plan in the best public interest, the government should have invited public objections (input),” he claimed.

Under section 26 of the LDA PHS rules – 2014, which is equally applicable for the public sector housing projects too, the transfer of the land under public uses, open spaces, parks and suchlike amenities in the name of the authority is mandatory through execution of a transfer deed in the office of sub-registrar. Moreover, section 15 of the rules also binds the sponsors of such schemes to also submit landscape plan for parks, open spaces including the plantation on both sides of roads and open spaces.

The recreational activity of a common man also comes under the basic / fundamental rights (right to live / life) under the 1973 Constitution of Pakistan.

“It is very sad that the state is flouting its own laws by doing ‘cosmetic development’ and depriving the people of recreational activities,” deplored a local resident.

The park has now become an unsafe place as the electric cable through which this panahgah is being provided electricity, is lying on the ground.

The deputy commissioner was not available for comment despite calls made by this reporter.

Published in Dawn, February 20th, 2020