sparklingway
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Justice has been served people. Really really happy that the law has been upheld and corporate barons have had to bow infront of it. For those unaware of the case, F-9 Park (or Fatima Jinnah Park) is big park in Islamabad spread over 3.6 million sq yds.
Commercial activity inside Parks is prohibited as per CDA's own rules but CDA has relentlessly pursued destruction of protected green areas (under its elitist agenda, more fast foods and country clubs=signs of development).
In 2006, CDA had allowed the start of construction for a "Mini Golf Course" in the F-9 Park. Around that time McDonalds opened a branch in the South-Western corner of the Park. An entertainment club by the name of "HotShots" has operated within the Park boundaries for a long time as well.
When the news of the Mini golf broke, proponents of sustainable development and critics of CDA's corrupt practices took it to court. In a landmark judgment in Moulvi Iqbal Haider vs Capital Development Authority (CP 36 of 2005), the SC deemed the construction illegal and declared that all commercial activity inside Park premises had to be stopped immediately. Hotshots and McDonalds went into litigation and lost the case, appealed and today the SC passed its final decision in the case which is a victory of people's rights.
Here is the news clipping:-
SC orders demolition of constructions in Islamabad Park
ISLAMABAD: A three-member Supreme Court (SC) bench has ordered demolition of illegal construction of commercial buildings in F-9 Park, also known as Fatima Jinnah Park.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justices Ghulam Rabbani and Khalilur Rehman Ramday gave its ruling in a case filed against constructions built inside the Fatima Jinnah Park in violation of the court’s 2006 verdict banning all commercial ventures in public parks.
The apex court had reserved the decision last month at the completion of the hearing. In its verdict on Friday, court has ordered demolition of multinational fast food chain outlet and leisure club built within the premises of the park.
The court has also accepted the apology of restaurant’s owner Ameen Lakhani for his remarks about Supreme Court and ordered that owners of these buildings will demolish the structures within three months on their own expenses.
The apex court also directed legal action against former chairman CDA and present secretary petroleum Kamran Lashari for giving permission for construction.
Here is the copy of the earlier judgment that sparked it all:- CP 36-2005 SC
Besides, there's the pending issue of Islamabad Club's activities and access controlled cricket grounds inside the park, another violation of public property laws. The problem here is that Islamabad Club is an incorporated company but is Federally sponsored as well (Patron being the President and is subsidized by the Federal Govt). Hence the issue of whether it's cricket ground is public property or not comes intro question besides the violation of rights that a person inside thew park is stopped from going into a cricket ground inside the park premises because of exclusive membership privileges. That case will certainly take longer but I hope that justice will be done.
The decisions can be used to take the CDA to the court for commercial activities in Rawal Lake Park as well but the SC in many land right cases has deemed that public land can be converted to commercial land under existing laws (which are normally stringent) only if it is deemed in the "greater public interest". Of course the "greater public interest" can be interpreted in light of previous judgments and in the court only. The Rawal Lake Park area would never face serious trouble for although it was protected as a public park, it was yet to be opened to the public at large.
Commercial activity inside Parks is prohibited as per CDA's own rules but CDA has relentlessly pursued destruction of protected green areas (under its elitist agenda, more fast foods and country clubs=signs of development).
In 2006, CDA had allowed the start of construction for a "Mini Golf Course" in the F-9 Park. Around that time McDonalds opened a branch in the South-Western corner of the Park. An entertainment club by the name of "HotShots" has operated within the Park boundaries for a long time as well.
When the news of the Mini golf broke, proponents of sustainable development and critics of CDA's corrupt practices took it to court. In a landmark judgment in Moulvi Iqbal Haider vs Capital Development Authority (CP 36 of 2005), the SC deemed the construction illegal and declared that all commercial activity inside Park premises had to be stopped immediately. Hotshots and McDonalds went into litigation and lost the case, appealed and today the SC passed its final decision in the case which is a victory of people's rights.
Here is the news clipping:-
SC orders demolition of constructions in Islamabad Park
ISLAMABAD: A three-member Supreme Court (SC) bench has ordered demolition of illegal construction of commercial buildings in F-9 Park, also known as Fatima Jinnah Park.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justices Ghulam Rabbani and Khalilur Rehman Ramday gave its ruling in a case filed against constructions built inside the Fatima Jinnah Park in violation of the court’s 2006 verdict banning all commercial ventures in public parks.
The apex court had reserved the decision last month at the completion of the hearing. In its verdict on Friday, court has ordered demolition of multinational fast food chain outlet and leisure club built within the premises of the park.
The court has also accepted the apology of restaurant’s owner Ameen Lakhani for his remarks about Supreme Court and ordered that owners of these buildings will demolish the structures within three months on their own expenses.
The apex court also directed legal action against former chairman CDA and present secretary petroleum Kamran Lashari for giving permission for construction.
Here is the copy of the earlier judgment that sparked it all:- CP 36-2005 SC
Besides, there's the pending issue of Islamabad Club's activities and access controlled cricket grounds inside the park, another violation of public property laws. The problem here is that Islamabad Club is an incorporated company but is Federally sponsored as well (Patron being the President and is subsidized by the Federal Govt). Hence the issue of whether it's cricket ground is public property or not comes intro question besides the violation of rights that a person inside thew park is stopped from going into a cricket ground inside the park premises because of exclusive membership privileges. That case will certainly take longer but I hope that justice will be done.
The decisions can be used to take the CDA to the court for commercial activities in Rawal Lake Park as well but the SC in many land right cases has deemed that public land can be converted to commercial land under existing laws (which are normally stringent) only if it is deemed in the "greater public interest". Of course the "greater public interest" can be interpreted in light of previous judgments and in the court only. The Rawal Lake Park area would never face serious trouble for although it was protected as a public park, it was yet to be opened to the public at large.
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