The Islamabad High Court (IHC) has directed the Capital Development Authority (CDA) to submit a reply regarding its plan to privatize or auction public parks and playgrounds in the federal capital.
The court issued the directive after hearing a petition that argues these public spaces should not be auctioned for commercial purposes.
The court also extended a previous stay order against the auction of 20 playgrounds, ensuring that the status quo is maintained till the final judgment of the case.
On Thursday, Barrister Umar Gilani of the petitioner Rawalpindi-Islamabad Sports Journalists Association (RISJA) drew the attention of the judge of the IHC, Justice Raja Inaam Ameen Minhas that under Article 140-A of the Constitution it is up to the local government of a city or a town to decide about the municipal matters and changing the very status of parks and turning them into profit-making properties was beyond the Capital Development Authority (CDA) jurisdiction. Leasing out public places is purely a municipal issue and cannot be decided by a government agency like the CDA, the counsel for the petitioner argued.
A lady counsel appeared on behalf of the CDA but apologized for not submitting reply. The judge taking notice of this delay directed the civic agency to submit a reply in this case and explain the rationale behind the decision.
The case stems from a petition filed by the Rawalpindi-Islamabad Sports Journalists Association (RISJA). The petitioners argue that the playgrounds are meant for public use and cannot be leased out for commercial purposes, as this would limit access for common citizens and violate the Islamabad Local Government Act.
They contend that the Metropolitan Corporation Islamabad (MCI), not the CDA, is the authority responsible for managing these public sports facilities.
The IHC has issued notices to both the CDA and the MCI, seeking their detailed responses on the matter on Friday (Today). The court has made the results of any potential auction conditional on its final decision and merged this petition with other similar cases.
Later talking to the media, Barrister Gilani said people of Islamabad love to spend their leisure time in parks which are in abundance in Islamabad. The young boys and girls play on these green spaces and it is their basic right as citizen to avail themselves of these opportunities. How can CDA decide to charge some fee or impose toll on these public places, he said.
