Case Details

Citation(s)
2019 SLG 3325 2019 SLD 3325 2019 PLD 664
Lahore High Court
Writ Petition No. 192069 of 2018, decision Dated:30-08-2019. Dates of hearing: 5th April, 18th, 20th, 24th,26th, 27th July, 2018, 28th, 31st January, 2019, 11th, 19th,27th February, 2019, 8th, 21st and 30th May, 2019.
JAWAD HASSAN, JUSTICE
Petitioners by:For
Respondents by:Ms. Sadia Malik Assistant Attorney General along with Dr. Raja Omer DIG (Forest) and Ali Raza Zaidi, Deputy Director (Legal) Ministry of Climate Change, Government of Pakistan.Rai Shahid Saleem Khan, Assistant Advoc

SHEIKH ASIM FAROOQVSFEDERATION OF PAKISTAN AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 9,184(3),199

Law: Forests Act, 1927

Section: 3,4,4(1)(c),5

Law: Punjab Plantation and Maintenance of Trees Act, 1974

Section: 3,4

Law: Punjab Environmental Protection Act, (XXXIV of 1997)

Section: 2(xii),6,12(1)

(a) Forest Act (XVI of 1927)--- ----Preamble---Punjab Plantation and Maintenance of Trees Act (VI of 1974), Preamble---Current situation of increasing deforestation in Province of Punjab and Pakistan and its adverse impact on environment, people, animal species and flora and fauna stated. (b) Forest Act (XVI of 1927) --- ----Preamble---Punjab Plantation and Maintenance of Trees Act (VI of 1974), Preamble---Multiple benefits of forests to the environment, people and animals stated. (c) Constitution of Pakistan--- ----Arts. 184(3), 199, Pt. II, Chapt. 1---Public interest litigation---Aggrieved person---Locus standi of petitioner---Liberal interpretation---Public interest litigation was a powerful tool for individuals and groups for combating illegalities, injustice and social ills, which promoted and protected the larger public interest in case of violation of any fundamental rights---As long as the public interest prayed for was bona fide and not based on any vested interests, the principles of locus standi/aggrieved person were to be interpreted liberally by the Courts---Superior courts were bound to protect the Fundamental Rights of citizens in exercise of jurisdiction conferred via Art.199 or Art.184 (3) of the Constitution. Province of Sindh and others v. Lal Khan Chandio and others 2016 SCMR 48; Messrs Al-Raham Travels and Tours (Pvt.) Ltd. and others v. Ministry of Religious Affairs, Hajj, Zakat and Ushr through Secretary and others 2011 SCMR 1621; Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883; Mian Shabir Asmail v. Chief Minister of Punjab and others PLD 2017 Lah. 597; District Bar Association, Rawalpindi v. Federation of Pakistan and others PLD 2015 SC 401; Ms. Imrana Tiwana and others v. Province of Punjab and others PLD 2015 Lah. 522; Habibullah Energy Limited and another v. WAPDA through Chairman and others PLD 2014 SC 47; Salahuddin Dharaj v. Province of Sindh through Secretary, Local Government Department and 4 others PLD 2013 Sindh 236; Javed Ibrahim Paracha v. Federation of Pakistan and others PLD 2004 SC 482; Iqbal Ahmad Dhudhi v. Federation of Pakistan and 5 others 2014 CLC 1348;…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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