| Case ID |
00b3bd00-2de7-4c72-b41c-baa0a4edc3a3 |
| Body |
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| Case Number |
Constitution Petition No.36 of 2005 |
| Decision Date |
Feb 07, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan in Constitution Petition No.36 of 2005 declared the lease agreement dated 4th June 2005 between the Capital Development Authority (C.D.A.) and Al-Falah Mini Golf (respondent No.2) for the development of a Mini Golf Course on Jubilee Park, Sector F-7, Islamabad, as unlawful and violating the fundamental rights of the general public under Article 26 of the Constitution. The Court ordered respondent No.2 to vacate the plot within four weeks in its original condition and mandated C.D.A. to refund Rs.5 lacs deposited as security. Additionally, the Court directed the Board of C.D.A. to investigate and possibly initiate disciplinary or penal action against the officials responsible for the unauthorized lease. The Board was also instructed to locate and present the original records of Jubilee Park, failing which, a report should be submitted to the appropriate law enforcement agency. The C.D.A. was granted the authority to develop Jubilee Park independently to provide entertainment to the public, ensuring compliance with legal and constitutional mandates. The decision emphasizes the necessity for transparency and adherence to statutory regulations in public land transactions to safeguard public interests and uphold constitutional rights. |
| Summary |
In Constitution Petition No.36 of 2005, the Supreme Court of Pakistan addressed the controversial conversion of Jubilee Park, Sector F-7, Islamabad, into a Mini Golf Course by the Capital Development Authority (C.D.A.) in collaboration with Al-Falah Mini Golf. The petitioner, Moulvi IQBAL HAIDER, challenged the lease agreement under Article 184(3) of the Constitution, alleging that the transaction violated fundamental rights enshrined in Article 26, which guarantees access to public entertainment facilities. The Court meticulously examined the Capital Development Authority Ordinance, 1960, and the Islamabad Land Disposal Regulation, 1993, highlighting sections that govern the allocation and maintenance of public parks. The petitioner contended that the lease was executed without proper authorization, lacking transparency, and without soliciting objections from the general public as mandated by law. Furthermore, the lease terms were deemed detrimental to public access, imposing commercial restrictions such as entry fees that contradicted the park's intended public use. The Court scrutinized the involvement of multiple lawyers representing both petitioner and respondents, emphasizing the necessity for legal ethical standards in public sector transactions. Key legal precedents, including Mian Fazal Din v. Lahore Development Trust and Pervaiz Oliver v. St. Gabriel School, were referenced to underscore the imperatives of transparency and adherence to statutory obligations by public authorities. The decision underscored that the lease agreement was not sustainable in legal terms and directed the respondent No.2 to vacate the premises, return the security deposit, and ensure the restoration of Jubilee Park for public enjoyment. Additionally, the Court mandated the C.D.A. to conduct a thorough investigation into the officials responsible for the unauthorized lease, with potential disciplinary actions to follow. This case serves as a pivotal reference in public interest litigation, reinforcing the judiciary's role in safeguarding constitutional rights against arbitrary actions by public authorities. It also highlights the critical importance of transparent and lawful procedures in the management and allocation of public lands, ensuring that such resources are utilized in a manner that benefits the general populace. The ruling has significant implications for urban development policies in Islamabad, setting a precedent for future cases involving public land use and the protection of citizen rights. By affirming the fundamental right to public access and recreational facilities, the Supreme Court reinforced the constitutional mandate to prioritize public welfare over commercial interests in the governance of urban spaces. This judgment not only rectifies the immediate issue of the illegal lease but also establishes a framework for accountability and lawful administration within public sector organizations, thereby fostering trust and integrity in governmental operations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Ombudsman,
Capital Development Authority,
Chief Ehtesab Commissioner,
Al-Falah Mini Golf,
Moulvi IQBAL HAIDER,
M/s. Family Entertainment Centre,
M/s. LOMMA Enterprises Incorporation,
WARID,
Registrar Supreme Court
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, CJ,
MIAN SHAKIRULLAH, JAN,
SAIYED SAEED ASHHAR, JJ
|
| Lawyers |
Raja Muhammad Ibrahim Satti,
Ch.Muhammad Akram,
Malik Muhammad Nawaz,
Rai Muhammad Nawaz Kharral,
Raja Abdul Ghafoor,
Ahmer Bilal Sufi,
Arshad Ali Chaudhry
|
| Petitioners |
Moulvi IQBAL HAIDER
|
| Respondents |
Capital Development Authority and others
|
| Citations |
2006 SLD 1539,
2006 PLD 394
|
| Other Citations |
Mian Fazal Din v. Lahore Development Trust, Lahore PLD 1969 SC 223,
Government of Punjab v. Crescent Textile PLD 2004 SC 108,
Captain-PQ Chemical Industries (Pvt.) Ltd. v. A.W. Brothers 2004 SCMR 1956,
Government of West Pakistan v. Begum Agha Abdul Karim Shorash Kashmiri PLD 1969 SC 14,
Ahmad Hassan v. Government of Punjab 2005 SCMR 186,
Engineer-in-Chief Branch v. Jalaluddin PLD 1992 SC 207,
Abdul Haque Indhar v. Province of Sindh 2000 SCMR 907,
Pakistan Tobacco Company Ltd. v. Federation of Pakistan 1999 SCMR 382,
Javed Ibrahim Paracha v. Federation of Pakistan and others PLD 2004 SC 482,
Muhammad Bashir v. Abdul Karim PLD 2004 SC 271,
Ardeshir Cowasjee v. Karachi Building Control Authority 1999 SCMR 2883,
Pervaiz Oliver v. St. Gabriel School PLD 1999 SC 26,
Lahore Improvement Trust v. Custodian of Evacuee Property PLD 1971 SC 811,
Muhammad Shahbaz Sharif v. Federation of Pakistan PLD 2004 SC 583,
All Pakistan Newspapers Society v. Federation of Pakistan PLD 2004 SC 600
|
| Laws Involved |
Capital Development Authority Ordinance, 1960,
Islamabad Land Disposal Regulation, 1993,
Constitution of Pakistan, 1973,
West Pakistan Entertainment Act, 1958
|
| Sections |
12,
19,
20,
21,
49,
3,
12(3),
Article 184(3),
Article 9,
Article 26,
2(d)
|