Supreme Court Stops Construction Beyond Jogging Track on DHA Park Land

The Supreme Court has prohibited any construction—aside from a jogging track—on a designated park area within the Defence Housing Authority (DHA), emphasizing that the public must retain access to the facility, with only a minimal entrance fee allowed for upkeep.

A two-member bench, consisting of Justice Mohammad Shafi Siddiqui and Justice Salahuddin Panhwar, issued the directive while hearing a civil appeal against a March 11 ruling by the Sindh High Court (SHC) at the apex court’s Karachi Registry.

The court also approved a request by the respondents’ counsel to relocate the case to the Supreme Court’s principal seat in Islamabad, pending approval by the Chief Justice of Pakistan. The lawyer argued that an existing interim order had jeopardized the respondents’ interests, justifying the transfer.

Court Reaffirms Public Right to Access Parks

The petitioners, represented by Khawaja Shams-ul-Islam, included members of the Masjid-i-Saheem managing committee and nearby residents of Khayaban-i-Rahat in DHA Phase VI. They challenged what they described as a shift from a public park’s original purpose to a commercialized facility, with high entry fees discouraging general public access.

They argued that an amenity space designated as a public park could not be converted into another use or granted for private commercial benefit, thereby restricting access to the public. Despite the SHC addressing some aspects—like the petitioners’ legal standing—the petitioners emphasized that the case involved a matter of public interest.

The respondents—DHA, Cantonment Board Clifton (CBC), M/s Optimum Sports (Pvt.) Ltd, and others—maintained that public entry was still allowed, though subject to a fee for the jogging track. Their lawyer, Advocate Hussain Ali Almani, added that padel courts and other facilities were also planned for the site.

In its ruling, the Supreme Court clearly stated that no further structures were to be developed beyond the jogging track and that the park’s use for the general public must be preserved, subject only to a nominal maintenance fee.

Concerns Over Licence Agreement and Public Access

The petitioners claimed the disputed land, measuring over two acres, lies next to the mosque, and its gate has traditionally served as the main access point. The controversy began when the private developer allegedly started altering the mosque’s entrance and the nearby parking area.

They argued that the contract between DHA, CBC, and the private sports company was made without any competitive bidding process or adherence to Public Procurement Regulatory Authority (PPRA) rules. As a result, worshippers who had used the parking area for over three decades were now facing access issues.

The petition further contended that the SHC’s dismissal failed to account for key legal principles, particularly the obligation of state institutions to act transparently, fairly, and following the law. The petitioners insisted that the high court had the authority to assess and correct administrative decisions lacking fairness or transparency.

Following these submissions, the Supreme Court directed its office to process the transfer of the case to Islamabad for further hearings after the court’s summer recess, subject to approval by the Chief Justice of Pakistan.