A petition has been filed with the Sindh High Court (SHC) against encroachment and construction activities at the Hill Park situated in the PECHS area of the city.
Jamaat-e-Islami MPA Mohammad Farooq and other petitioners said the Karachi Metropolitan Corporation (KMC) had procured the issuance of a conditional NOC issued by its land deputy director, as well as another NOC issued by the land director, both pertaining to Plot No. 39-G-4, Block 6, PECHS, ostensibly permitting construction / boundary wall work at the Hill Park.
They said that after the impugned NOCs, illegal construction activities have been commenced and are presently ongoing at the Hill Park, including excavation work, the erection of boundary walls and allied construction operations.
They said that commercial activities are being unlawfully conducted for private profit within a public space, notwithstanding that such use has repeatedly been declared illegal by the superior courts.
They said the NOCs have been issued in clear disregard and defiance of binding directions passed by the honourable superior courts, thereby amounting to an unlawful authorisation for undertaking construction activities within a protected public park.
They alleged that despite clear and categorical judicial pronouncements, the authorities concerned have turned a blind eye to such violations, and a private entity is operating an indoor sports arena at the hilltop of the park, charging a fee of Rs8,000 per two-hour slot, as reflected from the receipts of the State Commercial Complex, which is in direct contravention of the directions of the courts.
They said the impugned NOCs, if allowed to sustain, will result in irreversible damage to the subject public open space, the permanent loss of irreplaceable urban recreational land, and the destruction of public rights that cannot be adequately compensated in monetary terms.
They also said the impugned NOCs are conditional on their own terms, expressly stating that they do not confirm ownership or demarcation. No NOC for any construction within the park can be lawfully issued, and the impugned NOCs are independently void and liable to be cancelled, they added.
The court was requested to set aside the NOCs issued by the land director, and restrain the authorities and private persons from carrying out any construction, development, commercialisation or activity of any nature whatsoever at the Hill Park in pursuance of the impugned NOCs or otherwise.
The petitioners also requested the court to direct the authorities concerned to immediately halt, seal and prevent any construction activity at the Hill Park.
