Law:

Section:

(a) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 12, 19, 20, 21 & 49---Islamabad Land Disposal Regulation, 1993, Reglns 3 & 12(3)---Constitution of Pakistan (1973), Arts.184(3), 9 & 26---Constitutional petition before Supreme Court under Art.184(3), Constitution of Pakistan---Contentions of the petitioner were that wherever, a Scheme under the provisions of S.12 of the Capital Development Authority Ordinance, 1960 was prepared by the Authority, amenity plots including the plot for public park, playing field, graveyard and incidental open places, etc. were earmarked separately; that under Regulation 3 of the Islamabad Land Disposal Regulation, 1993 for the purpose of establishing Mini Golf Course on the public Park, no permission was sought from the Federal Government nor objections were invited in this behalf in accordance with S.19 read with S.20 of the Capital Development Authority Ordinance, 1960; that the transaction of leasing the plot had been made by the Capital Development Authority with the private party without any lawful authority and jurisdiction, as such, in this manner the fundamental rights of general public enshrined in Arts.9 & 26 of the Constitution had been denied; that in a public park, citizens including children were not required to purchase tickets and once Mini Golf Course was established, the entry of general public would be obstructed in terms of imposing conditions, including purchase of tickets and to enjoy other amusement against payments and that Development Authority was committed to provide a public park for the residents of the sector concerned, which would be maintained by the Authority itself and could not be allowed to be converted into a commercial project by the third party in terms of Regulation 12(3) of Islamabad Land Disposal Regulation, 1993---Validity---Held, during the classification of the plots under Regulation 3 of Islamabad Land Disposal Regulation, 1993, if a piece of land had been earmarked for the purpose of Public Park, same could not be leased out and Capital Development Authority itself was bound to develop the same---Neither the permission was sought to convert the…

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