Case Details

Citation(s)
2014 SLG 2144 2014 SLD 2144 2014 CLD 1133
Lahore High Court
Writ Petitions Nos.2521, 2154 and 3731 of 2014, decisiondated: 7-04-2014.
ABDUS SATTAR ASGHAR, J

YOUNG DOCTORS ASSOCIATION and othersvsGOVERNMENT OF PAKISTAN and others

Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)-------S. 2(xlii)--- Term 'sustainable development'---Connotation---Term 'sustainable development' for the first time was recognized in Stockholm Declaration of 1972, and it was defined in Brundtland Report "as development that meets the needs of the present without compromising the ability of the future generations to meet their own need"---In Pakistan the term has been defined in S. 2(xlii) of Pakistan Environmental Protection Act, 1997---In meeting for URBAN 21 Conference (Berlin, July 2000) a more comprehensive definition of the term 'sustainable development' was adopted. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Public Trust, doctrine of--- Petitioners assailed project namely 'Construction of Signal Free Junction at Azadi Chowk Lahore', on the plea that the project was to affect a portion of Lady Willingdon Hospital Lahore---Validity---When any action of a public authority was questioned before court of law arising an important issue of public interest, the court ordinarily had to examine as to whether the authority while taking such action was conscious of imperative considerations with appropriate deliberations thereupon after having expert opinion before taking decision in accordance with law---Project in question was launched by competent authority after having consultations with all concerned departments and agencies and after having obtained necessary expert opinion to study its feasibility carried out by a renowned and well reputed firm like NESPAK---Authorities proposed and had undertaken rehabilitation and substitution of existing facilities of the hospital likely to be affected to the satisfaction of Medical Superintendent of the hospital with a clear undertaking to complete reconstruction of substitute facilities within a period of 45 days---Public trust was properly safeguarded and it did not call for issuance of any writ against authorities---Material apprehensions, objections and prayers of petitioners had been duly taken care of and fructified by authorities---Petition was dismissed accordingly. JUDGMENT ABDUS SATTAR ASGHAR, J.---Through this composite…
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