Per Mrs. Fakhar-un-Nisa Khokhar, J.
Constitution of Pakistan (1973), Part II [Arts. 7 to 40] & 199-
R/w Cantonments Act (II of 1924) S. 116-
The Executive Officer or any Nazim, who is an elected representative ; in no way is empowered by law to convert any place, which is meant for public purpose, which is used for public purpose, which exists in the documents for public purpose and can in no way and in any manner deprive the inhabitants/citizens of that locality from their fundamental rights ensured by the Constitution of Islamic Republic of Pakistan for enjoying recreation from children park gardens and green belts meant for public purpose and established for the interest of public at large. The report reduced into writing and statement of the Executive Officer that children park is in a dilapidated condition proves his misconduct in discharge of his duties and obligations to keep the greed flourishing with flowers and installations of play things for children and if he does not part with his duties safeguarding the existence of this park the green belts and gardens made for public purposes, he is negligent and can be proceeded for misconduct.
If the park was in a poor condition he was under the duty to restore it to its original form beautify the same by affixing pathing flowers and grass in the ark but he has not done so, therefore, the instant writ petition is accepted, action for giving the plot as substituted service to the sitting tenants is hereby declared to have been passed without lawful authority and as a result of highhandedness for usurpation of the recreation right of the citizens safeguarded by the Constitution of Islamic Republic of Pakistan.
Since it is public interest litigation a direction is given to the respondent no.1 to remove all sorts of material on the children park, full u the dug ground with soil, restore the boundary of children park forthwith, beautify the children ark through growing green belts, flowers and affixation of pathing for children within one month from 31-1-1002. [pp. 415 & 416] A & C
Sikandar Javed for Petitioner
Muhammad Ali Gillani with Respondent no. 1
Muhammad Sarwar Bhatti, AAG (on Court’s Call).
Date of hearing : 31st January, 2002