FWO, DC told to submit comments on restoration of public park to its original state

The Sindh High Court (SHC) on Friday directed a provincial law officer and the Frontier Works Organization (FWO) to submit comments with regard to the restoration of a public park, which was used by the FWO for the Gujjar Nullah project, and explain whether the cost of the part restoration would be borne through the public exchequer or the FWO.

The direction came on a petition against the installation of a batching plant and placing of heavy machinery at the Jaifco Ground in North Nazimabad’s Block L by the FWO.

The court had directed the project director of the FWO to vacate the park after the removal of the batching plant installed there and restore the park to its original state.

An assistant advocate general submitted that he received instructions from the deputy commissioner that equipment and other material said to be lying at the park be removed within 15 days at the maximum. He submitted that the park would be completely rehabilitated for its use as a public facility within a maximum period of six months. The FWO submitted that it had handed over the Jaifco Ground to the DC on June 8.

The petitioner’s counsel submitted that despite the orders of the court the FWO did not vacate the park and it and the district administration had committed contempt of the court order. He also raised an objection to the expenses to be borne by the public exchequer, submitting that if the public property was wrongfully used by the FWO then the damage and loss caused and the cost of the restoration of the park should not be borne by the public exchequer, but by the FWO.

A division bench, headed by Justice Yousuf Ali Sayeed, directed the counsel for the FWO and the provincial law officer to assist the court with regard to the restoration of the public park and tell it whether the cost would be borne by the FWO.

The court in its earlier hearing had observed that it also came on record that the use of the park as a construction site by erecting a batching plant and dumping huge construction material and machinery/equipment had created a serious nuisance and environmental as well as traffic hazards to the petitioners and other residents of the area.

It had observed that the respondents could not produce any permission or NOC from the relevant authorities; therefore, the project director undertook before the court to vacate the park and restore it to the original state.

The SHC had earlier disposed of the petition and directed the FWO to vacate the park within three weeks as per the undertaking and restore the park to its original state. It had made it clear that contempt of court proceedings would be initiated if the needful was not done.

The petitioners had submitted that the FWO had placed heavy machinery in the park and installed a batching plant despite the fact that an amenity plot could not be used for any purpose other than what it had been reserved for.

They said that due to the alleged illegal activities at the park, the petitioners’ as well as nearby residents’ lives had become miserable. They said illegal activities in the park continued day and night, causing noise and environmental pollution.

The FWO had submitted in a statement that the deputy commissioner had handed the park over to it for establishing a camp office for the construction of the Gujjar Nullah.