Law: Constitution of Pakistan, 1973

Section: 175(2)

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Constitution of Pakistan--- ----Art. 175(2)---Installation of Crash Plant for excavating stones---Suit for declaration and permanent injunction in an environmental dispute---Maintainability---Environmental dispute, resolution of---Special forum, availability of---Jurisdiction of Civil Court exercised for resolution of environmental dispute---Scope---Plaintiffs filed suit with regard to environmental disputes which was dismissed by the Trial Court but Appellate Court decreed the said suit---Contention of defendants was that suit of plaintiffs was not maintainable as alternate forum under special law (Environmental Protection Tribunal) was available---Validity---Court was to decide whether legal authority which the Court could exercise with regard to the matter brought before it for decision was proper---Relief sought by the plaintiffs was with regard to special law (Environmental law) which could not be claimed under declaratory suit---Special forum constituted under the special law (Tribunal) would have overriding effect in the present matter for redressal of grievance of plaintiffs---Civil Court could not exercise its jurisdiction to resolve the environmental dispute under civil jurisdiction---Trial Court had rightly dismissed the suit filed by the plaintiffs---Findings by the Appellate Court were result of mis-reading and non-reading of evidence---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Plaintiffs would be at liberty toapproach the proper forum for redressal of their grievances---Revision wasallowed in circumstances. Hitachi Limited v. Rupali Polyester 1998 SCMR 1618 and Muhammad Mohsin Ghuman v. Government of Punjab 2013 SCMR 85 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgment disposes of Civil Revision Petition No. 63 of 2010 filed by petitioners against the judgment and decree dated 18-11-2009 passed by learned Majlis-e-Shoora, Lasbella at Hub (hereinafter referred as "the appellate Court"), whereby the appeal filed by respondent No.1 was accepted Consequent whereof judgment and decree dated 09-10-2009 passed by the learned Qazi, Lasbella at Uthal (hereinafter referred…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492