| Citation(s) |
|---|
| 2018 SLG 256 2018 SLD 256 2018 CLD 153 |
Mansoor Usman Awan, Shazeen Abdullah and Hussain Ibrahim for Petitioner. Asma Hamid and Anwaar Hussain Additional Advocates General, Punjab, Arshad Mehmood, Secretary, Mines and Mineral, Government of Punjab, Zafar Javaid, Director, Mines and Mineral, Government of the Punjab, Muhammad Javaid, Superintendent, Mines and Mineral, Government of Punjab, Mian Ejaz Majeed, Deputy Director (L&E), EPA and Asim Rehman, Deputy Director (EIA), EPA for
Respondents.
Law:
Section: 2(xLii)
(a) Punjab Environmental Protection Act (XXXIV of 1997)--- ----S. 2(xlii)---"Sustainable development"---Four legal elements of 'sustainable development'---Idea of sustainability or sustainable development was hinged on four legal elements; first, the need to preserve natural resources for the benefit of future generations (the principle of intergenerational equity); second, the aim of exploiting natural resources in a manner which was sustainable, or 'prudent', or 'rational', or 'wise', or 'appropriate' (the principle of sustainable use); third, the 'equitable' use of natural resources, which implied that use by one state must take account of the needs of other states (the principle of equitable use, or intergenerational equity); and fourth, the need to ensure that environmental considerations were integrated into economic and other development plans, programmes and projects, and that development needs were taken into account in applying the environmental objectives (the principle of integration). Philipe Sands- Principles of International Environmental law - frameworks, standards and implementation. @1995. pp.199 & 205 ref. (b) Interpretation of statutes--- ----'Deeming provision'---Where the legislature stated that 'something should be deemed to have been done' which in truth had not been done, it created a legal fiction and in that case, the court was entitled and bound to ascertain for what purposes and between what persons the statutory fiction was to be resorted to and full effect must be given to the statutory fiction and it should be carried to its legal conclusion Court must follow the consequences that flowed from or were ancillary to a deeming provision and was required to recognize and give effect to the same. Interpretation of Statutes by N S Bindra. Pp 267-268; Understanding Statutes by S.M. Zafar 4th Edition. Pp 92-93; Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602; Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397 and All Pakistan Newspapers Society and others v. Federation of Pakistan and others PLD 2012 SC 1 ref. (c) Punjab…
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