KARACHI, March 20: The Defence Housing Authority may proceed with its Beachfront Project without restricting free public access and obstructing a view of the beach and the sea, the Sindh High Court has held in its judgment disposing of a writ petition challenging the project.
The petition initially questioned the alleged conversion of an amenity plot (M-56, Beach View Avenue, Phase V, Defence) into a commercial highrise but was later amended to assail the entire Beachfront Project. It was filed by the residents of the area through Advocate Jawaid Ahmed Siddiqui. Shehri joined in the proceedings subsequently. A mosque had been built on the plot along with a parking lot and a park was being developed when the DHA contracted out a project for a multi-storied office-apartment complex and shopping mall to a private company. The authority said in its counter-affidavit that the original contractor failed to develop a park and its governing body re-designated the area for water front development in keeping with the master plan for the entire Clifton Beach.
The petition was heard by a division bench comprising Justices Sarmad Jalal Osmany and Nadeem Azhar Siddiqui and the judgment was announced by it before the departure abroad of the senior member for a short stay.
Disposing of the petition, the judgment said the park in issue was never designated as such in any master plan of the DHA and there was no question of its conversion.
As for the development of beach, it said the Supreme Court has recognised that the right of free access to the public at large to parks is a fundamental right guaranteed under Article 9 of the Constitution. It can be equated with the right to life. The right embraced free access to beach, which is a place of public recreation. Under Section 12 of the DHA Order, all schemes projects and works undertaken by or on behalf of the authority shall be deemed to be for public purposes. The DHA is consequently bound to consider the public interest while developing the Clifton Beach.
The proposed development, the judgment noted, is rather ambitious as it not only envisages the construction of a multistoried commercial-cum-residential complex but also includes an expo centre, promenades, performance decks, aquarium, tramway, ferry, and motel and club house. All over the world, beaches and water fronts have been developed in such a manner as to allow frees access and view to the public. Consequently, the judgment said, the DHA may develop its property keeping in view the right of access. The doctrine of public trust has long been recognised the world over. The doctrine requires the state to preserve and protect public interest in beaches and lakes, etc. Therefore, the proposed buildings/structures in the area should conform to the regulations and by-laws of the Clifton Cantonment Board. All the public areas like walkways and promenades should be accessible to the public free of cost. Only nominal charges may be imposed for other public areas where services or entertainment such as tramway, water sports, etc. are to be provided.
The mosque constructed in the park, the judgment said, shall not be demolished. The DHA is also directed to obtain the necessary permission from the Environmental Protection Agency before launching the development project.
