Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)--- Ss. 2 & 12---Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Reglns. 3 & 4---Principles for interpretation and application of Pakistan Environmental Protection Act, 1997 and Regulations stated. (b) Pakistan Environmental Protection Act (XXIX of 1997)--- ----Ss. 2 & 12---Karachi Building and Town Planning Regulations, 2002, Reglns. 18-4.2 & 25-4---Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Regln. 4 & Sched. II, Paras A:3, G:2, J:2---Constitution of Pakistan, Art. 199---Constitutional petition---Construction of apartment building (comprising of 16 residential flats) over a residential plot without environmental impact assessment (EIA) or approval---Petitioner's plea that such plot could be used for constructing thereon only a residential bungalow and not such apartment building, otherwise such construction would amount to change of land use from residential to flat site---Validity---Provisions of Paras A:3, G:2 & J:2 of Sched. II of Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000 would not apply to apartment building---Karachi Municipal Corporation (lessor of land) in its counter affidavit stated that residential plot had been converted into Flat Site, thus, prayed for dismissal of constitutional petition---Respondent in undertaking given to the Corporation stated that he would abide by all rules/regulations and adhere to all terms and conditions of Grant of plot in future---High Court dismissed constitu-tional petition in circumstances. Zaheer Ahmed Chaudhry and others v. City District Government, Karachi and others 2006 YLR 2537; Farooq Hamid and others v. L.D.A. and others 2008 SCMR 468; Nighat Jamal v. Province of Sindh and others 2010 YLR 2624; Shehri C.B.E. v. Government of Pakistan and others PLD 2007 Kar. 293; 2007 CLD 783; Shamsul Arfin and others v. Karachi Building Control Authority and others…