Case Details

Citation(s)
2014 SLG 2162 2014 SLD 2162 2014 CLD 1279
Sindh High Court
Suit No.538 of 2014, decision dated: 29-04-2014.
MUNIB AKHTAR, J
Malik Naeem Iqbal, Malik Altaf Jawed and Ijaz Khattak for the Plaintiff. Qazi Majid Ali, AAG, Farooq H. Naek, Murtaza Wahab, Jaffer Raza and S. Iftikhar ul Hassan for the Defendant No. 5. Akhtar Hussain, Advocate for the Defendant No. 7. Habib ur Re

PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY--PlaintiffvsFEDERATION OF PAKISTAN through Secretary Ministry of Environmental Protection and 6 others----Defendants

Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)-------S.12(2)---"Initial Environmental Examination (IEE)" and "Environmental Impact Assessment (EIA)"---Distinction---Two separate streams have been envisaged under S.12(2) of Pakistan Environmental Protection Act, 1997, one relating to projects requiring an IEE and the other to those in relation to which an EIA must be submitted. (b) Constitution of Pakistan--- ----Art. 201--- Judgment of High Court---Scope---Subject only to a different view being expressed by Supreme Court, interpretation of statutory provisions by a High Court is of binding effect in the Province concerned. (c) Interpretation of statutes--- ----Purpose of rules of interpretation is, in the end, to discover and apply legislative intent. (d) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 12(2), Scheds. I & II---Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---Object, scope and purpose---Pakistan Environmental Protection Act, 1997, is beneficial legislation enacted for welfare of public at large---If in ensuring that its objectives are achieved, a particular person (i.e. proponent of a given project) is put to greater inconvenience or a more onerous burden is cast on him, then so be it---If a project can be regarded as falling within two different entries, one set out in Sched-I and the other in Sched-II, then it must be regarded as falling within the latter hence requiring an EIA. (e) Specific Relief Act (I of 1877)--- ----S. 42--- "Declaratory suit" and "seeking of declaration"--- Distinction--- Every suit in which a declaration is sought is not and does not have to be a declaratory suit under S.42 of Specific Relief Act, 1877. (f) Civil Procedure Code (V of 1908)--- ----O. XXXIX, R.2---Term 'injury'---Connotation---Term 'injury' as used in O. XXXIX, R. 2, C.P.C. has always been broadly construed and applied---All manner of acts contrary to law, including breach of statutory duty, fall within the scope of an 'injury' to which O. XXXIX, R. 2, C.P.C. can apply. (g) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1…
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