| Citation(s) |
|---|
| 2020 SLG 368 2020 SLD 368 2020 PLD 137 |
Lahore High Court
Writ Petition No. 45138 of 2019, decision Dated: 10-10-2019.Hearing Dated: 02-08-2019.
TARIQ SALEEM SHEIKH, JUSTICE SAFDAR AHMAD NAEEM, JUSTICE
Petitioner(s) by: Fiaz Ahmad Ranjha
Respondent(s) by: Malik Naveed Akram, Assistant Advocate General
Writ Petition No. 45138 of 2019, decision Dated: 10-10-2019.Hearing Dated: 02-08-2019.
TARIQ SALEEM SHEIKH, JUSTICE SAFDAR AHMAD NAEEM, JUSTICE
Petitioner(s) by: Fiaz Ahmad Ranjha
Respondent(s) by: Malik Naveed Akram, Assistant Advocate General
MIAN MUHAMMAD ASIFVSSUPERINTENDENT OF POLICE AND OTHERS
Law: Punjab Mining Concession Rules, 2002
Section: R.2(xxiv),2(xxxi)
Law: Constitution of Pakistan, 1973
Section: 4,18,24,25,184(3),199
Law: Punjab Land Revenue Act, 1967
Section: 49
(a) Punjab Mining Concession Rules, 2002 --- ----Rr. 2(xxiv) & 2(xxxi)---Punjab Land Revenue Act (XVII of 1967), S.49---Public trust doctrine---Sustainable development---Scope---Soil as an essential natural resource---Brick kiln owners excavating soil for manufacturing of bricks---Land could be owned by the government or a private individual or a juristic body but all mines and minerals therein always belonged to the government and were its property---Soil was essential for life because it provided medium for plant growth, acted as a filtration system for surface water, maintained the balance in atmospheric gases, stored carbon and was a habitat for several organisms---Brick kiln owners excavated soil with impunity---More often than not the entire layer of topsoil was dug out which had serious repercussions---Fertility of that particular piece of land was reduced and irrigation of the neighbouring plots was adversely affected, which lead to desertification and low agricultural yields which eventually impacted the country's food security---Besides, it contributed to environmental degradation and climate change---In such circumstances, the Public trust doctrine could legitimately be extended to soil---High Court observed with grave concern that there was no check on reckless soil digging in the country in general and the relevant Province in particular; that there was an urgent need to draw integrated environmental policies for sustainable development and protection and conservation of species, habitats, biodiversity and natural resources, and that these were required not only in the country's national interest but were also needed to meet our international obligations and achieve sustainable development goals---High Court directed that the Provincial Government was to initiate appropriate administrative and legislative measures within a period of six months from the date of announcement of present to regulate brick manufacturing in general and use and conservation of soil in particular; that for such purpose the Provincial Government shall take all stakeholders on board, including (but not limited to), the representative body of brick kiln owners, the Chamber of…
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