BEFORE THE HONOURABLE HIGH COURT OF SINDH

AT KARACHI.

Constitution Petition No. D /2020

Under Article 199 of the Constitution Petition of the Islamic Republic of

Pakistan 1973.

Mr. Rashid S/O Ali Ahmed

R/O House No:12-D Kharadar,
Near I.I. Chundrigar Road,
Karachi
Through
A. __________________
B.   ……Petitioner

Versus
1. Government Of The Sindh,
Through Secretary,
Local Government & Community Development,
Civil Secretariat, Sindh.
2. Commissioner Karachi,
Delimitation Authority For The
District Karachi.
3. Disrtict Coordination Officer,
Delimitation Officer, Karachi.…………….Respondents

The Petitioner Is Aggrieved And Dis-Satisfied And Against The

Order Of Governmental Authorities Dated: 12-04-2020 Giving

Direction That The Park Situated In Kharadar Near Memon Masjid

Will Be Converted Into A Shopping Mall Without Notice To Any Of

The Parties Concerned Including The Petitioner And Common Citizen

So Here Being No Adequate, Alternative, Efficacious, Speedy

Remedy Open To The Petitioner, Hence Instant Petition On The

Following Facts And Grounds.

 FACTS

Respectfully Sheweth:

1. That Through The Instant Petition, The Petitioner Humbly Seeks Indulgence

Of This Honourable Court For Giving Direction To The Concerned

Respondents Against The Order Dated 12.04.2020 Passed By Government Of

Sindh.

2. That The Petitioner Is Used To Go For A Morning Walk In A Park Which Is

Full Of Green Tress, Located At The Main Kharadar Near Memon Masjid.

3. That The Respondent No. 1 Is The Local Government & Community

Development, Civil Secretariat, Sindh Having Passed The Order Regarding

Converting Of That Park Located At Kharader Into Shopping Mall At

Karachi.

4. That The Commissioner Karachi Has Also Approved That Order .

5. That The Order Dated 12.04.2020 Was Signed By The Commissioner And

District Coordination Officer Of District South Karachi Further Shows That

That The Order Shall Be Enforced On 03-05.2020. This Would Have

Facilitated The Respondent No. 1 For The Implementation Of That Order.

6. That On 12.04.2020, The Learned Sindh Respondent No. 1 ,Local

Government & Community Development, Civil Secretariat, Sindh Without

Issuing Any Notice To The Common Public Fixed The Date Of Enforcement

Of Order As 03.05.2020 And Directed Both Respondent 02 And 03 For The

Implementation Of That Order.

7. That Under These Circumstances, And There Being No Adequate,

Alternative, Efficacious And Speedy Remedy Available To The Petitioner,

Except To Challenge The Order Of The Respondent No. 1 Dated 12.04.2020.

GROUNDS

A. That The Decision Of The Respondent No. 1 Has Been Passed Without

Notice Either To The Petitioners Or Other Parties Resided In That Area

.Hence Decision/Order Is Void And Has Of No Legal Effect.

B. That The The District Coordination Officer /Respondent No. 3 Was Required

To Do All Survey Of That Area Prior To The Order ,However, It Appears

That In The Matter In Hand, Respondent No. 3 Has Done All The Work

Without Any Survey Upon Instructions Of Local Political Powers.

C. That The All 3 Respondents Have Failed To Understand The Interests Of

Public That Are Related To The Conversion Of That Public Park Into

Shopping Mall Which Can Create A Lot Of Pollution Due To Traffic And Can

Decrease Number Of Factors Such As Intrinsic Environmental, Aesthetic, And

Recreation Benefits Of Park.

D. That Order Dated 12.04.2020 Had Conferred A Valuable Right To The

Petitioners Such As Psychological And Social Health That Build Healthy,

Stable Communities Through Parks And Greenways.

E. That The Order Dated 12-04-2020 Is Against The Wishes Of The People And

The Such Order Reflects Political Bigotry At Its Peak.

F. That The Petitioner Reserves His Right To Supplement Their Grounds With

Further Grounds During The Course Of Humble Submissions Before This

Honorable Court .
 PRAYER

That It’s Prayed That This Honorable Court May Please To Hold And Declare.

A. In Aforementioned Circumstances, It Is Humbly Prayed That Instant Writ

Petition May Kindly Be Accepted As The Order Dated 12.04.2020 Is Against

The Public Interest And Is Liable To Be Dismissed By The Respectable Court.

B. That The Order Dated 12.04.2020 Is Bad In Law And Liable To Be Set Aside.

C. That Since This Arbitrary Order Has Been Passed By The Respondent No. 1,

Based On Ignoring The Law Which Has Led The Parties To Unnecessary

Litigation, The Respondent No. 1, Is Liable To Pay Cost Of The Present

Proceedings Before This Honorable Court.

D. Any Other Relief Which This Honourable Court Deems Fit And Appropriate

May Kindly Also Be Granted.

Petitioner

Identified By Me.

ADVOCATE
 VERIFICAITION

I, Mr. Rashid, S/O Ali Ahmed, Muslim, Adult, R/O House

No:12-D Kharadar, Near I.I. Chundrigar Road, Karachi Do Hereby State On
Oath And Verify That Whatever Is Stated Above Is True And Correct To The
Best Of My Personal Knowledge And Belief.

DEPONENT

Identified By Me

ADVOCATE

Solemnly Affirmed Before Me By The Deponent Named Above, Who

Has Been Identified To Me By This Advocate Mr. Muhammad Saqib Who Is

Personally Know To Me.

COMMISSIONER FOR TAKING AFFIDAVITS

Dated: 15-04-2020