| Citation(s) |
|---|
| 2017 SLG 939 2017 SLD 939 2017 PLJ 120 |
Lahore High Court
W.P. No. 22520 of 2015, decided on 11.3.2016. Date of hearing: 1.3.2016.
SHAHID BILAL HASSAN, JUSTICE
Mr. Waqas Ahmad Mir, Advocate for Petitioners. Ch. Tanveer Akhtar, Advocate for
Respondent No. 3. Mr. Jawad Hassan and Mr. Ahmad Rafay Alam, Advocates for
Respondent No. 8. Mr. Jahanzeb Inam, Advocate for
Respondent No. 5.
W.P. No. 22520 of 2015, decided on 11.3.2016. Date of hearing: 1.3.2016.
SHAHID BILAL HASSAN, JUSTICE
Mr. Waqas Ahmad Mir, Advocate for Petitioners. Ch. Tanveer Akhtar, Advocate for
Respondent No. 3. Mr. Jawad Hassan and Mr. Ahmad Rafay Alam, Advocates for
Respondent No. 8. Mr. Jahanzeb Inam, Advocate for
Respondent No. 5.
FERYAL ALI GAUHAR AND 5 others
VS
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB THROUGH DIRECTOR GENERAL --RespondentS
Law:
Section:
Punjab Environmental Protection Act, 1997-- ----S. 21(9) & 22--Punjab Environmental Protection Rules, 2012, Scope--Lahore Development Authority Rules, 2014, Rr. 37(2)(3)--Lahore Development Act, 1975, Ss. 2, 3(c), 6, 14-A and 46--Constitution of Pakistan, 1973, Arts. 189 & 199--Constitutional petition--Environmental clearance--Construction of multi storey hotel--Right of clean and healthy environmental--Jurisdiction--Environmental tribunal--Maintainability--Alternative remedies--Petitioners had adequate and efficacious alternate remedies available with them of filing appeal before Tribunal, if they felt themselves to be aggrieved of impugned order--Therefore, when petitioners have alternate efficacious remedy available with them, they ought to have approached said forums instead of approaching High Court seeking invocation of extraordinary constitutional jurisdiction--It is a matter of easement rights, for which proper remedy is available under law, petitioners are aggrieved of approval granting order by department, they may avail efficacious and alternate remedy of filing appeal before proper forum, which has even been mentioned by petitioners in their constitutional petition--Appeal was dismissed. 2015 SCMR 1739, 2007 MLD 1884 Kar., 2015 CLC 1295 Lahore, 2009 CLD 682 Kar., PLD 2015 Lah. 272, 2013 SCMR 591, 2015 CLC 978, 2015 YLR 1522 Lah, 2015 SCMR 1739, 1996 SCMR 1165, PLD 2010 SC 691, 2014 SCMR 1015, PLD 2006 SC 53, rel. THIS ORDER PASSED BY: SHAHID BILAL HASSAN, JUSTICE:---.--- This petition raises issues with regard to right of clean and healthy environment, environmental approvals affecting air, land, buildings and structures as well as social and economic conditions allegedly affecting community life of petitioners, etc. In this constitution petition, the petitioners have called into question the decision dated 07.11.2014 issued by Respondent No. 1/Environmental Protection Agency, Punjab contending the same in glare violation of procedural and substantive requirements of relevant environmental legislation, through which environmental clearance/approval for construction of a multi-storey hotel at Sundar Das Road, Zaman Park, Lahore has been…
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