1. ' MUSHIR ALAM, J.---Petitioners have impugned the action of the respondent whereby boundary of ST-1 Park in Block-18 Scheme-24, Gulshan-e-Iqbal, Karachi has been extended. According to the learned counsel ST-1 Park has been extended over conduit water main upto boundaries of the petitioner's residential property thereby affecting their free ingress and egress and access to the 60 ft. Wide road on one side and on the other hand it leads to the water main. Mr. Manzoor Ahmed learned counsel for the C.D.G.K. Today has filed a statement along with letter dated 28-2-2009 from D.D.O. (PC-II), M.P.G.O., C.D.G.K., along with part layout plan marking the revised boundary of the ST-1 park. According to the learned counsel such boundaries are being extended over the water main in order to save it from further encroachment and misuse. It is also conceded by the learned counsel for the, C.D.G.K. That a sufficient two-way lane will be left for plying cars leading to the petitioner's house of 60 ft. Road without hindrance.
2. ' Mr. Qasit states that since park has been constructed at height one will look into house of the petitioners violating their privacy and affecting their right to enjoy property as guaranteed under Article 9 of the Constitution. In this view of the matter Mr. Manzoor assures that the wall shall be realigned and constructed and park will be developed in manner that will not affect privacy and dignity of the houses. Mr. Manzoor Ahmed states that provision for such access lane is only possible if the petitioners are also confined to their own leases area and they remove encroachment and remain within their lease property.
3. ' Under circumstances, petition is disposed of in the following terms:-
(i) That the petitioners shall construct boundary wall in accordance with their lease property.
4. ' That respondent shall provide two way lane between park and the residence of the petitioners providing free entry and exit from their respective residence and lane connecting to the 60 ft. Wide road.
(ii) That the park and the boundary shall be constructed in a fashion that it will not affect privacy of the petitioner's residence.
5. ' However, in case any dispute or differences that may arise while developing such park the petitioners shall approach the officer concerned. In case of controversy as to adjustment, D.D.O., M.P.G.O. Shall resolve all the dispute and controversy that may arise in implementing the above order between petitioner's and development agency.
6. ' Petition in terms above stand disposed of.