| Citation(s) |
|---|
| 2018 SLG 2536 2018 SLD 2536 2018 SCMR 2001 |
Decision & hearing Date : 04-07-2018
UMAR ATA BANDIAL, JUSTICE IJAZ UL AHSAN, JUSTICE MUNIB AKHTAR, JUSTICE
(Application for amendment of petition) PETITIONER(S) BY: BARRISTER ZAFARULLAH KHAN AND OTHERS RESPONDENT(S) BY: FEDERATION OF PAKISTAN AND OTHERS Barrister Zafarullah Khan, Advocate Supreme Court for Petitioners/Applicants (in Const. P. 57/2016). Nemo for Petitioners/Applicants (in Const. P. 24/2018). Nemo for Petitioners/Applicants (in Const. P. 37/2018). Nemo for Petitioners/Applicants (in C.R.P. 440/2016). Dr. Khalid Ranjha, Senior Advocate Supreme Court for Petitioners/Applicants (in Const. P. 38/2018). Malik Abdul Latif Khokhar, Advocate Supreme Court for Petitioners/Applicants (in H.R.C. 50363-P/2010). Nemo for Petitioners/Applicants (in C.M.A. 5788/2018). Khalid Jawed Khan, Attorney General for Pakistan and Syed Nayyar Abbas Rizvi, Addl. A.G.P. assisted by Barrister Asad Rahim Khan for Federation. Razzaq A. Mirza, Addl. A.G. Punjab, Ms. Sehar Chaudhry, Law Officer, Irrigation, Punjab, Shehryar Qazi, Addl. A.G. Sindh, Jamal Mustafa Syed, Secy. Irrigation, Sindh, Khalid Mehmood, M.D. KWSB, Sindh, Ayaz Swati, Addl. A.G. Balochistan and Barrister Qasim Wadood, Addl. A. G. Khyber Pakhtunkhwa for Provinces. Dr. Muhammad Rahim Awan, Secretary for LJCP. Shams-ul-Mulk, ex-Chairman WAPDA, Zafar Mehmood, ex-Chairman WAPDA and Mujeeb-ur-Rehman Pirzada, Advocate Supreme Court on Courts Call. Shoaib Ahmed Siddiqui, Secretary, Naseer Ahmed Jillani, Senior Chief (Water), Arshad Ali, Joint Secretary for M/o Planning and Development on Courts Notice. Shumail Ahmed Khawaja, Secretary and Syed Muhammad Mehar Ali Shah, Joint Secretary/Commissioner Indus Water for M/o Water Resources. Arif Ahmed Khan, Secretary for M/o Finance. Yousaf Naseem Khokhar, Secretary for M/o Climate Change. Lt. Gen. (R) Muzammil Hussain, Chairman, M. Babar, Deputy Director and Shahzad Asif, Director for WAPDA.
ER BY: BARRISTER ZAFARULLAH KHAN AND OTHERS
VS
--Respondent BY: FEDERATION OF PAKISTAN AND OTHERS
Law:
Section: 9,184(3)
(a) Constitution of Pakistan--- ----Art. 9---Right to water---Right to life---Scope---Right to clean water stemmed from the right to life enshrined in the Constitution as a Fundamental Right---Water was a resource to which everyone was entitled, and it was indispensable to those who wished to lead a dignified life---Access to water formed the basis of many other rights including the right to life, health and quality of life. General Secretary, West Pakistan Salt Miners Labour Union (CBA) Khewra, Jhelum v. The Director, Industries and Mineral Development, Punjab, Lahore 1994 SCMR 2061; Suo Motu Case No.10 of 2010 (Contamination of Water of Mancher Lake due to Disposal Effluent from MNV Drain now converted into RBPOD) 2011 SCMR 73 and Shahab Utso v. Government of Sindh through Chief Secretary and others 2017 SCMR 732 ref. (b) Constitution of Pakistan--- ----Arts. 9 & 184(3)--- Water scarcity--- Conservation of water---Construction of Diamer Bhasha Dam and Mohmand Dam---Establishment of an account for donations for construction of dams---All economies of the world were dependent upon water as a resource for the livelihood of its people and for their sustained development---Need for water reservoirs was not only expedient but also sine qua non for the survival of the people and economy of the country---Importance of water could never be overstated for an agrarian economy, like Pakistan, particularly when it relied upon a single river and its tributaries, as its source, to cater almost all of its water requirements---Pakistan faced a water crisis and it was pertinent that it immediately began to adopt measures to solve the problems that contributed to water scarcity---Experts on the subject were unanimous that the Diamer Bhasha Dam and Mohmand Dam must be built on urgent basis by the Federal Government and in such regard there was no dispute or discord of any nature amongst the Provinces---As custodians of the Constitution, the judiciary must ensure that the right to water was enforced, particularly considering the grim and precarious situation that the country was in at the moment---Supreme Court directed the Federal and Provincial Governments, the Water and…
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