Daily Times

KARACHI: The Sindh government handed over Bagh Ibne Qasim to Bahria Town to afford public a better recreational facility without spending
public money.

This was stated by the provincial government in its comments submitted in the court in response to two identical petitions questioning handing over the park to private firm for
ten years.

It further stated that the agreement with Bahria Town was reached in accordance with provision of Sindh Government Rules of Business 1986 after consultation with local government department and approval of the competent authorities. Karachi Metropolitan Corporations (KMC)’s director parks was also taken into the loop, it added.

Neither were any fundamental rights of the petitioners infringed nor any harm or loss to public was caused by the government’s decision, the government said.

“Earlier in 2012, a private firm was awarded a contract for Rs 42, 900,00. to develop and maintain the park. Later, another firm was engaged to look after the park. Bahria Town, however, was awarded the contract in 2016 for Rs 17, 325,000 much lesser than the amount at which other firms were given contracts.”

However, the counsel for Bahria Town contended that the firm had no interest in taking over the park if the disagreement over its administrative control existed. The municipal corporations had authority to
look after parks, not the KMC,
he added.

While adjourning the petitions, a two-member bench headed by Justice Muhammad Junaid Ahmed Ghaffar extended its interim order staying handing over of the park to Bahria Town till further orders.

Karachi mayor Waseem Akhtar and Pakistan Tehreek Insaf leader Imran Ismail had filed separate petitions assailing the notification of the Sindh government through which it handed over the iconic park to Bahria Town.

The mayor had contended that Bagh Ibne Qasim, the city’s iconic park, was under administrative control of Karachi Metropolitan Corporation and couldn’t be handed over through a notification issued by the local government department.

He argued that the notification was illegal and unlawful and requested the judges to declare it as illegal.

PTI leader Imran Ismail submitted in the petition that Bagh Ibne Qasim, the city’s iconic park, was spread over 130 acres and frequented by over 10 million peoples each year. The facility’s turtle pond, greenery, beauty, murals of dinosaurs, and its attachment with the heritage site, Jehangir Kothari Parade built on a piece of land donated by Seth Jahangir Hormusji Kothari to the city, attracted a large number
of visitors .

He recalled that the park was developed in a record period of less than a year after removing encroachments from 70 acres of its land in February 07.

He said the Sindh government had issued a notification on March 30, handing over the park to a real estate giant, Bahria Town for ten years for its beautification. The decision was taken to save the public funds, but rather it would prove futile and pave way for encroachments upon the invaluable property, he argued.

The petitioner submitted that the park was in close proximity to the Bahria Icon Tower Project, a 60 storey structure, and therefore, it was possible that this park may be used for commercial purposes. He added that the reports were also rife that a piece of park would be used by the firm for its commercial activities.

Moreover, he said, the provincial authorities disregarded the legal procedure before striking any deal with the firm as it did not invite any offers, bids or expression of interest. Therefore, the notification and agreement in respect of the park was arbitrary, illegal and nullity in the eyes of law and liable to annulled, he added.

Ismail contended that the authorities without providing any opportunity to general public and other private developers interested in beautification of the facility handed over the park to Bahria Town. Besides, he said, salaries to workers would be paid by the KMC, putting extra burden on the national exchequer.