Chief Justice Iftikhar Muhammad Chaudhry while heading 3-member bench issued the directives while hearing an application by former PML-N Senator Saadia Abbasi, highlighting violation of apex court's 2006 verdict banning all kind of commercial ventures in public parks.
Advocate Mian Allah Nawaz, counsel for the CDA, presented the blueprints of Fatima Jinnah Park and informed the court that the park spreading over 3.6 million yards (670 Acres) had a provision for a 6,000 yards cuisine area. Besides, special areas have also been earmarked for the four provinces to utilise according to their own choice, he contended.
Originally the entire sector on which the vast park has been built was meant for residential purposes, but later it was suggested by the city managers to convert the locality by developing it into a national park, he argued. Regarding allotting the land to Messers Lakhani Sizza Food (Pvt) Limited, a company which is operating the fast food chain, the counsel argued that it was handed over after inviting bids.
The bench comprising Chief Justice and Justices Chaudhry Ijaz Ahmed and Ghulam Rabbani observed that the court was only interested to see whether the land was leased out in a transparent manner. However, Saadia Abbasi contested by saying the provision for cuisine area was just an afterthought questioning that Islamabad's master plan was 60 year's old but why the concept of cuisine area was being highlighted now.
The construction of 6,000 square yards fast food chain inside the public park, the senator pleaded, was breach of the Supreme Court's ruling. While revoking a lease granted by CDA to build and operate a private mini-golf course in F-7 Jubilee Park, the Supreme Court in February 2006 had ordered that commercial activities in public parks violate Article 26 (non discrimination in respect of access to public places) of the Constitution and was contrary to the by-laws of the CDA.
The bench observed that it had de linked another petition and would decide it later against setting up of a similar fast food outlet in the Jinnah Park Rawalpindi, where a cinema-complex "Cineplex" has also been established. Justice Chaudhry Ijaz while going through the CDA rules also highlighted that though the master plan could not be altered, minor adjustments could be made but that too after public hearing.