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Court orders restoration of E-11 children`s park to its original condition

By Malik Asad 2025-02-19
ISLAMABAD: The Islamabad High Court (IHC) on Tuesday directed thr authorities concerned to restore the E-11 Children`s Park to its original condition, ordering an end to illegal constructions and encroachments.

The ruling came after residents of E-11 filed a petition against the unlawful occupation and development in the park.

Justice Mohammad Asif presided over the hearing, where Advocate Kashif Ali Malik, along with other lawyers, represented the petitioners.

The residents argued that the public park, designated as a green area, was being converted into a commercial space in violation of land use regulations.

The petitioners further alleged that armed men entered the park with heavy machinery, demolished children`s swings and other recrea-tional structures, causing distress among the local community.

`The green area or a public park cannot be turned into a commercial area,` Advocate Kashif Ali Malik stated in court. He emphasised that the illegal constructions had severely impacted the residents` rights, adding that a senior judge of the Lahore High Court was also among the affected persons.

Despite repeated complaints to the Capital Development Authority (CDA), the encroachments remained unaddressed. The petitioners claimed that notices had been issued to the occupiers, yet no significant action was taken, leading to further deterioration of law and orderinthe area.

Taking strong notice of the issue, the Islamabad High Court directed the authorities to remove all illegal constructions and restore the park for public use. The decision has been widely welcomed by the residents of E-11, who had been struggling to reclaim their communityspace.

Authorities have now been tasked with ensuring strict implementation of the court`s orders to prevent future encroachments and maintain public parks for their intended use.

A senior judge of the Lahore High Court (LHC) Justice Jawad Hassan also residein the vicinity.

Interestingly, a few months back, Justice Hassan dealt with the similar case and directed restoration of the children park in Rawalpindi. In the judgement, he affirmed that access to public parks is a fundamental right under Article 9 and Article 26 of the Constitution of Pakistan, 1973.

He also emphasized the applicability of the Doctrine of Public Trust, which protects public spaces from encroachment. This doctrine has been upheld in multiple landmark judgments, including Sindh Institute of Urology and Transplantation vs. Nestle Milkpak Limited and Sheri-CBE vs. Lahore Development Authority.