| Citation(s) |
|---|
| 2016 SLG 1820 2016 SLD 1820 2016 PLJ 51 |
Supreme Court of Pakistan
Criminal Original Petition No 96/2014 S.M.C. No. 25/2009C.M.A. No. 3221/2012 C.M.A. No. 615/2015, 5.8.2015
MIAN SAQIB NISAR, MUSHIR ALAM & MAQBOOL BAQAR, JJ.
Criminal Original Petition No 96/2014 S.M.C. No. 25/2009C.M.A. No. 3221/2012 C.M.A. No. 615/2015, 5.8.2015
MIAN SAQIB NISAR, MUSHIR ALAM & MAQBOOL BAQAR, JJ.
Lahore Bachao TehrikVSDr. Iqbal Muhammad Chauhan Etc
Law:
Section:
JUDGMENT Mian Saqib Nisar, J. These two matters have genesis and direct nexus with 14 km widening of the Lahore Canal Bank Road (Canal Road) on both the sides thereof. The Government of Punjab initiated a project for the above purpose and in the process had already widened a part of the road when Lahore Bachao Tehrik (LBT) submitted an application to the Hon'ble Chief Justice of Pakistan primarily asserting therein that the said widening would entail the cutting of trees on both the sides of the canal and the greenbelt area around the canal would be encroached which would result in environmental hazard. This project, thus, is violative of the fundamental rights set forth in the Constitution of the Islamic Republic of Pakistan, 1973, particularly the right to life. This application was treated as SMC No. 25/2009 and vide judgment dated 15.9.2011 (Judgment) reported as Cutting of trees for canal widening project, Lahore (2011 SCMR 1743) it was disposed of with certain directions, which shall be mentioned in due course of this opinion. 2. We may like to mention at this juncture that for the purposes of ascertaining the effect of widening upon environment and other related issues raised by LBT, a Mediation Committee comprising of certain nobles of the city and experts was constituted (Mediation Committee). Such Committee had given its report which was accepted by the Government of Punjab, the applicant in toto while some objections were expressed by LBT thereto but only to the extent of permitting the Government to widen a part of the Canal Road. These objections seemingly were not endorsed by the Court and thus the afore-mentioned decision on the basis of the Mediation Committee report primarily is in the nature of a consent order. In this context this Court made certain directions in the said Judgment (paragraph 60) which reads as under: ' The Bambawali-Ravi-Bedian (BRB) Canal and the green belt on both sides of the Canal Road (from Jallo Park till Thokar Niaz Beg) is a Public Trust. It shall be treated as Heritage Urban Park forthwith and declared so by an Act to be passed by the Assembly as undertaken by the respondent-Provincial Government; iii) Widening of…