Islamabad Property,
June 10: The civic agency of Islamabad has failed to take any action
for retrieval of a public park from the Employees’ Old-Age Benefit
Institute (EOBI) which has converted it into a parking space for its
under-construction tower in I-8 sector.
It may be noted that before the EOBI started work on its commercial building in the sector, the Capital Development Authority (CDA) management last year allowed it to use the park for parking. Under the law, public parks cannot be used for commercial purposes.
The EOBI had purchased two commercial plots at I-8 Markaz from the open market for the establishment of the commercial tower.
In April this year, CDA Chairman Syed Tahir Shahbaz while talking to Dawn had promised to address the issue, adding if there was a violation his management would retrieve the land from the developer.
“So far, nobody has taken any notice of the issue and we are forced to request the chief justice of Pakistan to take suo motu notice of the matter,” said Iftikhar Ahmed, a resident of the I-8 sector, while talking to Dawn.
He said in sheer violation of a Supreme Court ruling the CDA had allowed the EOBI to convert the developed public park into a parking space for its under-construction commercial building.
“You cannot alter the master plan of the city for accommodating any developer,” asserted the Mr Ahmed.
He recalled that in 2006, the Supreme Court had also cancelled a lease between the CDA and a citizen for the construction of a mini-golf club in Jubilee Park, Sector F-7 Markaz.
The apex court had observed: “Admittedly a public park, if it is earmarked in a housing scheme, creates a right amongst the public… [to enter] the park without any obstacle. It is a fundamental right enshrined in Article 26 read with Article 9 of the Constitution.”
It further said: “The liberty of a person to have access to or utilise a right available to him cannot be taken away by converting such a facility into a commercial one for the purpose of extending benefit to a third person.”
Obaid Abbasi, a high court lawyer, added that the Islamabad Land Disposal Regulations 2005 had declared parking space a commercial revenue-generation activity.
He said the Islamabad Land Disposal Regulations 2005’s Clause 3(2) stated that “parking plazas fall in the category of commercial plots.” So allowing parking in a public park area is a clear violation of CDA land rules, he added.
Irfan Niazi, another resident of the area and a football enthusiast, added: “CDA chairman did order an inquiry in April but we are still waiting for a positive outcome since the ground is yet to be restored in its original shape.”He added: “I don’t know why the CDA Board is silent on the matter and has not yet taken any action knowing the fact that both the EOBI and the authority have violated the Supreme Court order by converting the public park into a parking area just to accommodate a developer.”
However, when contacted, the CDA chairman, Syed Tahir Shahbaz, maintained: “An inquiry is already in progress and let me assure you that a decision will be taken on merit.”
He added: “Our planning department has issued a notice to the EOBI the time the matter was raised by the residents and an action will be taken shortly.”
It may be noted that before the EOBI started work on its commercial building in the sector, the Capital Development Authority (CDA) management last year allowed it to use the park for parking. Under the law, public parks cannot be used for commercial purposes.
The EOBI had purchased two commercial plots at I-8 Markaz from the open market for the establishment of the commercial tower.
In April this year, CDA Chairman Syed Tahir Shahbaz while talking to Dawn had promised to address the issue, adding if there was a violation his management would retrieve the land from the developer.
“So far, nobody has taken any notice of the issue and we are forced to request the chief justice of Pakistan to take suo motu notice of the matter,” said Iftikhar Ahmed, a resident of the I-8 sector, while talking to Dawn.
He said in sheer violation of a Supreme Court ruling the CDA had allowed the EOBI to convert the developed public park into a parking space for its under-construction commercial building.
“You cannot alter the master plan of the city for accommodating any developer,” asserted the Mr Ahmed.
He recalled that in 2006, the Supreme Court had also cancelled a lease between the CDA and a citizen for the construction of a mini-golf club in Jubilee Park, Sector F-7 Markaz.
The apex court had observed: “Admittedly a public park, if it is earmarked in a housing scheme, creates a right amongst the public… [to enter] the park without any obstacle. It is a fundamental right enshrined in Article 26 read with Article 9 of the Constitution.”
It further said: “The liberty of a person to have access to or utilise a right available to him cannot be taken away by converting such a facility into a commercial one for the purpose of extending benefit to a third person.”
Obaid Abbasi, a high court lawyer, added that the Islamabad Land Disposal Regulations 2005 had declared parking space a commercial revenue-generation activity.
He said the Islamabad Land Disposal Regulations 2005’s Clause 3(2) stated that “parking plazas fall in the category of commercial plots.” So allowing parking in a public park area is a clear violation of CDA land rules, he added.
Irfan Niazi, another resident of the area and a football enthusiast, added: “CDA chairman did order an inquiry in April but we are still waiting for a positive outcome since the ground is yet to be restored in its original shape.”He added: “I don’t know why the CDA Board is silent on the matter and has not yet taken any action knowing the fact that both the EOBI and the authority have violated the Supreme Court order by converting the public park into a parking area just to accommodate a developer.”
However, when contacted, the CDA chairman, Syed Tahir Shahbaz, maintained: “An inquiry is already in progress and let me assure you that a decision will be taken on merit.”
He added: “Our planning department has issued a notice to the EOBI the time the matter was raised by the residents and an action will be taken shortly.”