SHC declares commercial activities in Karachi parks ‘illegal’

KARACHI: The Sindh High Court (SHC) on Thursday declared all commercial activities in public parks and playgrounds across Karachi illegal.

A two-member bench comprising Justice Muhammad Faisal Kamal Alam and Justice Muhammad Hasan Akber issued a detailed verdict in response to a petition filed by Jamaat-e-Islami (JI), challenging the commercial use of public parks by the Karachi Metropolitan Corporation (KMC).

The petition was filed by Advocate Saifuddin, the opposition leader in the City Council, along with the chairmen of nine Town Municipal Corporations (TMCs) — New Karachi, Liaquatabad, Gulberg, Nazimabad, North Nazimabad, Model Colony, Gulshan-i-Iqbal, Jinnah, and Landhi — as well as a member of the City Council.

The court nullified City Council Resolution, which had permitted the use of amenity plots — designated for parks — for commercial purposes.

In its ruling, the SHC observed that the Sindh Assembly had failed to devolve powers to local governments as required under Article 140A of the Constitution, and KMC does not have the authority to lease out parks to private parties.

The court further held that public parks and amenity plots must be used solely for recreational purposes, and their intended use cannot be changed under any circumstances. It emphasized that under Article 9A, public parks fall within the scope of citizens’ fundamental rights.