In February 2006 the Supreme Court declared that commercial activities in public parks violated Article 26 of the constitution and was contrary to the by laws of Islamabad. The court revoked the lease granted by CDA to Mr Shah Sharabeel to build and operate a mini golf course in the F-7 Jubilee Park.
The court had ruled: “Admittedly, a public park, if it is earmarked in a housing scheme, creates a right amongst the public and that right includes their entry in the park without any obstacle, being a fundamental right enshrined in Article 26 read with Article 9 of the Constitution.
It may be noted that the liberty of a person to have access or to utilize a right available to him cannot be taken away by converting such a facility into a commercial one, for the purpose of extending benefit to a third person, because in instant case a considerably big plot of land measuring five acres has been handed over to Respondent No.2 at a throw away lease money, causing huge loss to the public exchequer. Therefore, taxpayers have a right to inquire from CDA as to how a right of life and liberty can be denied to them...”
The park situated in the elite F-7 sector of the city and which was once the scene of the hustle and bustle of life of the local community is now presenting an ugly picture of desolation in the shape of huge heaps of debris of construction material.
When enquired about the lack of proper attention to the re-development of the park, the CDA Member Environment, Mazhar Hussain said: “I am not aware about the debris at the park, however, I will look into the issue”.
He added that there was no specific date for the development of the park but they could do the work next year.
Another official of CDA on condition of anonymity pointed out that they were not informed by the concerned department of CDA regarding the exact verdict of the Supreme Court. “We are not aware either the court has ordered to redevelop it or not or it’s just the cancellation of the lease” he said.
The Jubilee Park, he said, was under the environment protection and the planning wing of the CDA.
Regarding the debris, he said it was meant to fill up the excavated portions of the former park to bring it back to a level position.
Nazir Masih, a resident of the Katchi Abadi across the Jubilee Park, commented that the CDA was reluctant to do the work because the poor children of the French colony, as the shanty basti is called, used play there.
If you look at Kamran Lashari’s tenure as CDA boss every nook and corner of the city remained under massive renovation and construction work but this park was singled out for neglect. Perhaps the poor were being told to recognize the true nature of their rights in the Islamic republic.