The Supreme Court has directed the Defence Housing Authority (DHA) to not raise any unauthorised structre in a public park. The apex court also ordered that no common person shall be stopped from entry to the park utility subject to a nominal entrance fee meant for its maintenance.
The direction came on a petition of the Masjid-e-Saheem administration and others who had challenged the commercial use of a public park in the DHA area. A counsel for the petitioners submitted that the public park was meant for the use of common persons, but it was now being licensed to an entity for commercial gains, whereby every individual entering the park would be charged exorbitantly.
A counsel for the DHA pointed out that the entrance of the public was not restricted however it would be subject to an entrance fee for the jogging track also. He said that at this moment, they were raising a jogging track, but they had planned to construct Padel courts and other allied structure as well.
A two-member bench of the apex court comprising Justice Mohammad Shafi Siddiqui and Justice Salahuddin Panhwar after hearing the counsel observed that they were of the view that apart from jogging track, no structure of the nature as licensed to them or otherwise should be raised till the next date of hearing.
The SC in the meantime ordered that common persons shall not be deprived from entering the park subject to nominal entrance fee meant for its maintenance. A counsel for the respondents requested the SC to transfer the case to the principal seat in Islamabad as an injunctive order had been passed and the interest of the respondents was at stake. The SC directed the office to transfer the case to the principal seat in Islamabad for further hearing after soliciting approval of the chief justice.
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