Case Details

Citation(s)
2021 SLG 1372 2021 SLD 1372 2021 SCMR 834
Supreme Court of Pakistan
C.P. 1290-L/2019, decided on 15th April, 2021, Date ofhearing: 11th February, 2021. (Against the Order of LahoreHigh Court, Lahore Dated 31.01.2019, passed in W.P. No.5898/2019)
MANZOOR AHMAD MALIK, JUSTICE , SYED MANSOOR ALI SHAH, JUSTICE
Salman Aslam Butt, Advocate Supreme Court for Petitioner.Ms. Aliya Ejaz, Assistant A.G., Dr. Khurram Shahzad, D.G. EPA, M. Nawaz Manik, Director Law, EPA, M. Younas Zahid, Dy. Director, Fawad Ali, Dy. Director, EPA (Chakwal), Kashid Sajjan, Asstt. Legal

D. G. KHAN CEMENT COMPANY LTD.VSGOVERNMENT OF PUNJAB THROUGH CHIEF SECRETARY, LAHORE AND OTHERS

Law: Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963

Section: 3,3(b)

Law: Punjab Local Government Act, 2013

Section: 4,72(2)(a),77(n),81(1)(d),87(1)(g)

Law: Constitution of Pakistan, 1973

Section: 18,25,184(3),199

(a) Punjab Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963)--- ----S. 3---Restrictions on establishment of industrial undertakings---Zoning and classification of land---Declaring an area as positive or negative area---Purpose and scope---Authority to regulate land use, introduce zones or negative or positive areas, was recognized as the police power of the state, asserted for public welfare---Zoning of the Province into positive and negative areas was a means towards achieving organized and planned industrial growth without impinging on the social, environmental, ecological, civic and economic interests of the locals---Zoning divided land into distinct geographical areas and imposed restrictions with respect to use of land in each area---Such regulatory controls allowed or disallowed use of land in a particular geographical zone, therefore, any application requesting permission to establish or enlarge an industrial undertaking under S. 3 of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 (the Ordinance) in an area that was already marked as a zone (negative or positive) was decided accordingly---Organization and planning under the Ordinance was, therefore, in effect, actualized on the basis of the parameters mentioned under S. 3(b) of the Ordinance. Euclid v. Ambler Realty Co. 272 U.S. 365, 387 ref. (b) Punjab Industries (Control on Establishment and Enlargement) Ordinance (IV of 1963)--- ----S. 3(b)---Restrictions on establishment of industrial undertakings---Sustainable development---Scope---Terms prejudicial to national interest, injurious to health and source of nuisance used in S. 3(b) of the Punjab Industries (Control on Establishment and Enlargement) Ordinance, 1963 (the Ordinance)---Interpretation---Organized and planned growth in the world today would undoubtedly mean sustainable development and the terms prejudicial to national interest, injurious to health and source of nuisance [mentioned in S. 3(b) of the Ordinance] would naturally encompass the pressing issues of the time i.e., climate change; environmental degradation; food and health safety; air pollution; water pollution; noise…
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