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Official Citation: 2025 SHC 2181
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 3473/2025 (D.B.) Sindh High Court, Karachi - Saifuddin & others (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 2181. In this matter between Const. P. 3473/2025 (D.B.) Sindh High Court, Karachi - Saifuddin & others (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 3473/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 2181 PARTIES: Saifuddin & others (Petitioner) ORDER DATE: 26-AUG-25 BENCH: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Muhammad Abdur Rahman(Author) A.F.R: Yes ------------------------------------------------------------ 1
ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-3473 of 2025
Saifuddin
Versus
Federation of Pakistan & others
Date Order with signature of Judge
1. For orders on office objections. 2. For hearing of CMA 14658/25 3. For hearing of main case.
Dated: 26.08.2025
Mr. Muhammad Vawda, Advocate for Petitioner. Mr. S. Hassan M. Abidi, Advocate for Respondent/KMC.
-.-.- C.P. No.D-3473 of 2025 MOHAMMAD ABDUR RAHMAN, J Through this Petition, maintained under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioners seek a declaration that a Resolution passed by the City Council of Karachi Metropolitan Corporation dated 19 May 2025 (hereinafter referred to as the “Impugned Resolution”) is illegal and without lawful authority and seek to ensure that amenity plots designated as Parks cannot be utili sed for any other purpose other than for the specific amenity purpose that it was designated for including, but not limited to, any other amenity purpose or for commercial use.
A. Facts
2. A Committee of City Council of Karachi Metropolitan Corporation on 19 May 2025, has passed Resolution No 134, by a vote of 7 in favour and2 against, in the English Translation of which reads as hereinunder:
“ … DEPARTMENT OF PARKS AND HORTICULTURE KARACHI METROPOLITAN CORPORATION (KMC)
Agenda No.6, Serial No.11 Memorandum for Karachi Metropolitan Corporation (KMC) No. Director/ 2010/2025 Dated: 16.5.2025
Subject: Approval Under Resolution No. 107 Dated 20th February 2025 Pursuant to Resolution No. 107 dated 20th February 2025 and upon due consideration by the committee constituted thereunder, approval is hereby granted for the management, renovation and improvement of all parks under the
2 administrative control of the KMC, including enhancement of related facilities to be undertaken through Public-Private Partnership and/or on a Rental Basis.
It is respectfully submitted that the Department of Parks and Horticulture, in relation to the renovation, beautification, and improvement of facilities in parks under the administrative control of the Karachi Metropolitan Corporation (KMC), proposed to operate these parks under Public-Private Partnership (PPP) or on a Rental Basis. In this regard, the Council of the Karachi Metropolitan Corporation, through Resolution No. 7100 dated 20th February 2025, approved the referral of the matter to the KMC Commi ttee with the direction that the Committee shall re -examine all aspects of the matter thoroughly and submit its report to the Council within 30 days.
In light of the above-mentioned matter, the following meetings of the Committee constituted regarding the operation of all parks under the administrative control of the KMC under a Public-Private Partnership/Rental Basis, for the purpose of renovation, beautification, and improvement of existing facilities, were convened:
First Meeting: Held on Monday, 10th March 2025, at 2:00 PM in the Committee Room, Mayor Secretariat, M.A. Jinnah Road, Karachi.
Second Meeting: Held on Monday, 17th March 2025, at 2:00 PM in the Committee Room, Mayor Secretariat, M.A. Jinnah Road, Karachi.
Third Meeting: Held on Thursday, 10th April 2025, at 2:00 PM in the Committee Room, Mayor Secretariat, M.A. Jinnah Road, Karachi.
Fourth Meeting: Held on Monday, 14th April 2025, at 12:00 PM in the Committee Room, Mayor Secretariat, M.A. Jinnah Road, Karachi.
Fifth Meeting: Held on Tuesday, 13th May 2025, at 2:00 PM in the Committee Room, Mayor Secretariat, M.A. Jinnah Road, Karachi.
During the above-mentioned meetings, the members of the Committee conducted a detailed review and deliberation, and unanimously agreed that the parks constructed at various locations across the city under the administrative control of the Karachi Metropolitan Corporation (KMC) are managed by the Department of Parks, which operates under the supervision of the Director General (Parks & Horticulture). It is the primary objective of the KMC Parks and Horticulture Department to continuously upgrade and renovate all parks from time to time. This ensures that when citizens visit these parks with their families, they experience a pleasant environment and have access to quality recreational facilities. Currently, there are: 51 district-wide parks under KMC’s jurisdiction, 4 nurseries located within parks , and 91 additional nurseries situated on green belts owned by KMC. To enhance the aesthetic appeal, maintain a healthy environment, and preserve the natural beauty of the parks, the department regularly plants rare herbs, fruit-bearing trees, and colorful flowering plants . In addition, there are 106 green belts located in medians and on either side of roads across the city, which are also under KMC’s control. The Department of Parks is responsible for planting grass and ornamental plants on these green belts and for their ongoing maintenance. Furthermore, the Pa rks Department is also responsible for providing and maintaining facilities such as shade structures, paved walkways, toilets, and security arrangements within all parks managed by the Karachi Metropolitan Corporation, to ensure a comfortable and safe environment for visiting families.
On behalf of the Committee, it was decided by majority that the management and maintenance of all parks, trees, infrastructure, and other assets under the administrative control of the Karachi Metropolitan Corporation may be handed over on a Rental Basis /Public-Private Partnership, while ownership of these assets shall remain with the Karachi Metropolitan Corporation.
Therefore, in light of the report submitted by the Committee constituted under Resolution No. 107 dated 20th February, 2025, it is respectfully requested that permission be granted to lease out all parks, trees, and related infrastructure on a Public-Private Partnership/Rental Basis to ensure their preservation and improved management.
3
Sd/- Municipal Commissioner Karachi Metropolitan Corporation
3. It seems that thereafter in pursuance of th is Resolution, various amenity plots have been handed over on a “Public Private Partnership” basis or have been “rented” out to members of the public who would be responsible for the upkeep of those plots and their maintenance.
B. Contentions on behalf of the Petitioner
4. Mr. Muhammad Vawda entered appearance on behalf of the Petitioners and submitted that on the basis of the Impugned Resolution, the following properties amongst others, have been subject to conversion and are under the cover of “Public Private Partnership Agreements” being put to use other than for what they were designated:
S No. Park name/Plot Number Designation in Planning Schemes 1 Jheel Park Amusement Park 2. Hill Park, KDA Scheme No. 13, Karachi Park with 40 plots designated within the park for specific purposes 3. Umer Sharif Park , ST -13, Block 2, Karachi Development Authority Scheme No 5, Karachi Park 4. Bagh e Ibn Qasim, Block 3, Karachi Development Authority Scheme No 5, Karachi Park 5. KMC Sports Complex, Kashmir Road Sports Complex 6. Hosh Muhammad Shaheedi Park ST-30, Block 5, Karachi Development Authority Scheme No 5, Karachi Park 7. ST-4, Clifton, Block 2, Karachi Park 8. ST-15, Clifton, Block 2, Karachi High School 9. ST-19, Clifton, Block 2, Karachi Public Building
He submitted that under the provisions of Karachi Building & Town Planning Regulations, 2002 (hereinafter referred to as the KB&TPR, 2002), a prohibition exists in Regulation 18 -4.1. which prevent the conversion of an amenity plot that is reserved for a specific purpose to any other purpose.
5. He next referred to definition of word amenity plot as contained in Regulation 2 -7 and which cross reference d that definition with various uses as detailed in Regulations 19-2.2.1 (Government Uses), 19-2.2.2 (Health and Welfare Uses), 19-2.2.3 (Education Uses), 19-2.2.4 (Assembly Uses), 19-2.2.5 (Religious Uses), 19-2.2.7 (Parks), 19-2.2.8 (Playgrounds), 19-2.2.8 (Burial grounds) , 19- 2.2.9 Transportation Right of Way) and 19 -2.2.10 (Parking), 19 -2.2.12 (Aquatic
4 Recreational Areas) of the KB&TPR, 2002 each of which are defined as amenity and particularly referred us to Regulation 19-2.2.7 of the KB&TPR,2002 and which reads as hereunder:
“ … Parks and playgrounds: includes :
All green spaces, including various related cultural or recreational facilities such as greenhouses, zoological and botanical gardens and their related feasibility, toilet for both sex and fist aid facility, but excluding green spaces ancillary to welfare or educational facilities, and excluding median or other dividing green strips in road rights-of-way”
In this regard he states that the expression “playground,” as distinguished from “parks” has been defined as hereinunder:
“ … 19-2.2.8 Play Ground
(a) All open spaces designated for all indoor or outdoor sports activities of all types whether fully developed or not; and
(b) All structures serving sports activities, like sports complex, gymnasia, swimming pools, stadium, racecourses, sports clubs of all kinds, whether they are part of an open space designated for sports activities or are independent structures. Note:- Spaces reserved for parks and play grounds shall not be converted for any other amenity or for any other use.
He stresses that the expression “playground” having been defined separately, properties as defined as “parks” cannot be utili sed for any purpose other than a “park” and which are now being put by the Karachi Metropolitan Corporation, to use as a “playground” on the basis of the Impugned Resolution and which would violate Regulation 18-4.1 of KB&TPR, 2002. In addition, he maintained that there are numerous decisions of the Supreme Court of Pakistan and decisions of this Court which prohibit the conversion of the usage of an amenity plot designated from a specific use, to be used for any other purpose other than for the purpose that it was designated for and pleaded that Impugned Resolution be declared as illegal and that each of the “parks” should be restored to be used for the sole purpose of a “park.”
6. In addition, if it was considered that such plots could be put to a use other than the use that it was designated for, he contended that each of the agreements that have been entered into have been entered into without any procurement process having been followed and were entered into in violation of the provisions of the Sindh Public Procurement Act, 2009 and which agreements could also not be sustained.
5
C. Contentions on behalf of the Respondents
7. Mr. S. Hassan M. Abdi Advocate entered appearance on behalf of Karachi Metropolitan Corporation and submitted his comments and contended that all the “Parks” that have been subjected to “Public Private Partnership Agreements” continue to function as “amenity plots” and no conversion of land has taken place converting them to a different use.
8. While admitting that certain “Parks” have been put to the use of “playgrounds,” for the use of cricket, football, hockey and Padel, he contended that agreements have been entered into between the Karachi Metropolitan Corporation and various persons on the basis of which each of these properties are being let out for sports so as to generate revenue and which revenue is then applied by those private parties for the upkeep of these amenity spaces. He maintained that in an unreported order of a Division Bench judgment of this Court bearing C.P. No.D-2566 of 2024 entitled Masjid-e-Saheem & others v. Pakistan Defence Officers Housing Authority & others and an unreported order of a Constitutional Bench of this Court in petition bearing C.P. No.D -1067 of 2025 entitled Janib vs. Province of Sindh and others this Court has permitted the use of properties designated as “parks” for “playgrounds.”
D. Order
9. We have heard Mr. Muhammad Vawda and Mr. Hassan Abidi and have perused the record.
(i) Amenity plots in Karachi
10. The issue raised in this Petition is as to whether an amenity plot can be put to a use, other than a use that it had been designated for. The city of Karachi has been the subject of many town planning laws. e.g., the Sindh Town Planning Act, 1915, the Karachi Improvement Trust Act, 1950, the Karachi Development Authority Order, 1957 etc. Each of these statutes envisages a statutory based system of town planning whereby a town planning scheme is developed, allowing therein, for certain spaces to be reserved for the common benefit of the residents of the area and which would contribute to making living in such areas sustainable and which are referred to as amenity plots. Such usage includes, but is not limited to, space for:
6 (a) public buildings e.g., government offices, museums, police stations, etc.; (b) educational use e.g., schools, universities, vocational training centers; (c) hospitals; (d) playgrounds; (e) religious use e.g. Mosques, Imam Barghas, Churches, Temples etc.; and (f) parks.
11. At the time of the partition, there were many large spaces that were left open for the benefit of the residents of this city . With the migration of persons into this city, such areas came to be squatted on by such migrants as there was physically no other place in the city to accommodate them. As such , at that time, many encroachments occurred in this city on such amenity spaces , primarily on areas which were reserved for the expansion of railways and on other open spaces and which continue to exist today and which encroachments were “tolerated” by this city’s administrators on grounds of compassion.
12. Over the last 70 years, other areas of this city were subject to statutory town planning schemes and which too had designated within them plots of land that were reserved for specific amenity purposes. The land reserved for such amenity use nearly always comprised large areas and which often remained undeveloped and became prey to misuse in a number of different ways and which included, but are not limited to:
(a) encroachments by persons migrating to Karachi from other parts of Pakistan; (b) illegal conversion by local government officials for use as residential or commercial properties; or (c) regularization of encroachments under cover of the Sindh Katchi Abadis Act, 1987, (d) allotments under the Sindh Gothabad Act, 1987 or (e) conversions under Martial Law Orders.
7 (ii) No Absolute Bar - Karachi Building and Town Planning Regulations, 1979, Karachi Development Authority Order, 1957 and the Sindh Katchi Abadi Act, 1987
13. Initially, an absolute prohibition for the conversion of a plot that had been designated as being used for an amenity purpose did not exist. Rather a procedure was prescribed for the conversion of such plots and which were found in Paragraph 3 of Schedule D of Part II of the Karachi Building and Town Planning Regulations 1979 which prescribed that:
“ … No change of land use or conversion of Amenity, Utility and other plots as defined in sub-section 2(a) through 2(e), 2(h), 2(i), 2(j) part I of Schedule 'G' earmarked in the layout plans of any housing scheme, prepared by any local body, housing society or by any private developer, shall be allowed except in accordance with the following procedure :-
(a) The local body, housing society or the private developer shall apply to Commissioner, Karachi for the change of land use or conversion from any other purpose or the plots reserved for the purposes as mentioned above with full justification and details.
(b) The Commissioner shall, on receipt of such an application under sub -section (a), invite objections from the general public through a notice published in one English and One Urdu leading local daily newspaper. The period for filing objections with the Commissioner shall be 30 days from the date of the publication of the notice, which should also be mentioned in the notice
(c) The applicant shall bear all the expenses of advertisement etc. and deposit the money with the Commissioner, Karachi.
(d) In addition to the expenses mentioned in sub -section (c), the applicant shall pay the prescribed fee/charges for the change of lard use to the Concerned Authority and Scrutiny fee to MP & EC (Authority constituted under. Sind Building Control Ordinance, 1979) fixed from time to time.
(e) The Commissioner shall after considering the objections received under sub - section (b) and hearing such persons as he may consider necessary, shall forward his recommendations: along with the application and other connected papers to Government for orders.
(f) The Commissioner, shall also consult MP & EC (Authority constituted under S.B.C. Ordinance, 1979) and the Concerned Authority, before submitting his recommendations to the Government under sub-section (e).
An analogous provision was also found in the KDA order, 1957 Article 52A of which prescribed that:
“ … 52 A (1) The Authority shall immediately after any housing scheme is sanctioned by, or altered with approval of, Government, submit to the Commissioner the details including the survey numbers, area and lactation of each plot reserved for roads, hospitals, scho ols, colleges, libraries, playgrounds, gardens, parks, community centers, mosques, graveyards or such other purpose and the Commissioner shall notify such details in the official Gazette.
(2) The Authority or the Housing Society may at any time prior to the utilization of any plot reserved for the purpose mentioned in sub-section (1), apply to the commissioner for conversion of such plot to such other purpose.
(3) The Commissioner shall, on receipt of an application under sub -section (2), invite objections from the general public through a notice published in one
8 English and any vernacular leading local daily newspaper and the objections if any shall be submitted to the Commissioner within 30 days from the date of the publication of the notice.
(4) The Commissioner shall, after considering the objections received under sub-section (3) and hearing such persons as he may consider necessary forward his recommendations along with the application and other connected papers to Government for order.”
Suh a provision is also found in Sub-Section (4) of Section 19 of the Sindh Katchi Abadis Act, 1987 which prescribes that: “ … (4) Except as otherwise directed by Government, no area which is reserved for the purposes of roads, streets, water supply arrangements, sewerage or other conservancy arrangements, hospitals, schools, colleges, libraries, playgrounds, gardens, mosques, graveyards, railways, high tension lines or such other purposes or is not safe from flood hazard, shall be declared to be a Katchi Abadi.”
14. In the decision reported as Abdul Razzak vs. Karachi Building Control Authority and others1 while interpreting Article 52 A of the KDA Order, 1957 the Supreme Court of Pakistan clarified the procedure that had to be followed in respect of the conversion of amenity plots and held that:
“ … We may point out that even under the Order, the KDA is not authorised to change the use of any amenity plot without inviting objections and without obtaining the order of the Government. In this regard, it may be advantageous to reproduce Article 52A of the Order, which reads as follows:--
52-A.--(1) The ,Authority shall, immediately after any housing scheme is sanctioned by, or altered with approval of, Government, submit to the Commissioner the details including the survey numbers,, area and location of each plot reserved for roads, hospitals, schools, colleges, libraries, playgrounds, gardens, parks, community centers, mosques, graveyards or such other purpose and the Commissioner shall notify such details in the official Gazette.
(2) The Authority or the Housing Society may at any time prior to utilization of any plot reserved for the purpose mentioned in subsection (1), apply to the Commissioner for conversion of such plot to any other purpose.
(3) The Commissioner shall, on receipt of an application under' sub section (2), invite objections from the general public through a notice published in one English and one vernacular leading local daily newspaper and the objections, if any, shall be submitted to the Commissioner within 30 days from the date of the publication of the notice.
(4) The Commissioner shall, after considering the objections received under subsection
(3) and hearing such persons as he may consider necessary forward his recommendations alongwith the application and other connected papers to Government for orders." ,,
1 PLD 1994 Supreme Court 512
9 18. It may be stated that in spite of presence of the above unambiguous Article in the Order the successive Provincial Governments overlooked the above Article and converted amenity plots into commercial or residential plots and thereby denied to the residents of Karachi inter alia parks and play grounds which contributed towards environmental pollution in the city. “
This decision was approved and followed by a Full Bench of the Supreme Court of Pakistan reported as Ardeshir Cowasjee and 10 others vs. Karachi Building Control Authority (KMC) and 4 others2 and wherein it was held that:
“ … 10. Even if we were to accept Mr. Farooq H. Naik's contention that factually the Plot was commercialised, it will not improve the case of respondent No.5, because of Articles 40 and 52 -A of the Order and para. 3 of Schedule ' D'. to the Regulations. It may be observed that clause (4) of Article 40 of the Order provides that if any person desires to use any land for any purpose other than that laid down in the Zonal Plan Scheme notified under clause (3), he may apply to the Authority for permission to do so and the Authority may order a public hearing and give notice to all persons it deems affected. Whereas Article 52 -A deals with the framing of the housing scheme which is to include hospitals, schools, colleges, libraries, play -grounds, gardens, parks, community centres, mosques, graveyards. Its clause (2) envisaged that the Authority or the Housing Society may at any time prior to utilisation of any plot reserved for the purpose mentioned in subsection (1), apply to the Commissioner for conversion of such plot any other purpose. Clause (3) thereof lays down that on receipt of an application under subsection (2), the Commissioner shall invite objections from the general public through a notice published in one English and one vernacular leading daily newspaper and the objections, if any, shall be submitted to the Commissioner within 30 days from the date of the publication of the notice. Whereas clause (4) provides that the Commissioner shall after considering the objec tions received under subsection (3) and hearing such persons as he may consider necessary, forward his recommendations alongwith the application and other connected papers to Government for orders. It may also be observed that para.3 of Schedule ' D' to Re gulations prohibits the change of land use or conversion of amenity, utility and other plots without following the procedure contained therein which envisages inviting of public objections through the newspapers as above and hearing of the objections. The Regulations have been held by this Court to have statutory force in the case of Multiline Associates v. Ardeshir Cowasjee and others (supra). Reference may also be made to the judgment of this Court in the case of Abdul Razak v. Karachi Building Control Authority (supra), in which this Court with reference to above Article 52 -A of the Order has observed that "We may point out that even under the Order, the K.D.A. is not authorised to change the use of any amenity plot without inviting objections and without obtaining the order of the Government".
11. Admittedly, no objections were invited in terms of the above provisions of the Order and the Regulations and, therefore, per se the alleged conversion of the plot for commercial purpose is…
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