| Citation(s) |
|---|
| 2024 SLG 5758 2024 SLD 5758 = 2024 PLD 1134 |
Supreme Court of Pakistan
Constitution Petitions Nos. 4 and 14 of 2021 (Regarding declaration of Rule 2 (c) and Schedule-IV of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020 as ultra vires the Constitution). and Crl.M.Appeal No.8 of 2021 in Crl.O.P No.NIL of 2021. and C.M.A No.4707/2020 in C.A No.844/2020. (Report of Hagler Bailly Pakistan) Constitution Petitions Nos.4 and 14 of 2021, Crl. M. Appeal No.8 of 2021 in Crl. O.P No.NIL of 2021 and C.M.A No.4707 of 2020 in C.A No.844 of 2020, decided on 11th July, 2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Shahid Bilal Hassan, JJ
In attendance: Dr. Pervez Hassan, Chairman, Power Crusher Commission (PCC) Waqar Zakariya, Member PCC and Asad A. Ghani, Advocate. Ch. Aitzaz Ahsan, Sr. Advocate Supreme Court assisted by Barrister Zunaira Fayyaz, Advocate, Khawaja Haris Ahmed, Senior Advocate Supreme Court, Ch. Imran Hassan Ali, Advocate Supreme Court, Haider Mehmood Mirza, Advocate Supreme Court, Syed M. Iqbal Hashmi, Advocate Supreme Court and Syed Qamar Hussain Sabzwari, Advocate Supreme Court. Chief Abdul Rehman, in person. Qasim Jamal, Director Mineral, Hazara, Mohsin Ali Khan, Director Mineral. Riaz, Dy. Director Mineral, Abbottabad, Zulfiqar Ahmed, Asst. Director (Mineral) and Mumtaz Ali, DD(L), EPA. Date of hearing: 11th July, 2024.
Constitution Petitions Nos. 4 and 14 of 2021 (Regarding declaration of Rule 2 (c) and Schedule-IV of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020 as ultra vires the Constitution). and Crl.M.Appeal No.8 of 2021 in Crl.O.P No.NIL of 2021. and C.M.A No.4707/2020 in C.A No.844/2020. (Report of Hagler Bailly Pakistan) Constitution Petitions Nos.4 and 14 of 2021, Crl. M. Appeal No.8 of 2021 in Crl. O.P No.NIL of 2021 and C.M.A No.4707 of 2020 in C.A No.844 of 2020, decided on 11th July, 2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Shahid Bilal Hassan, JJ
In attendance: Dr. Pervez Hassan, Chairman, Power Crusher Commission (PCC) Waqar Zakariya, Member PCC and Asad A. Ghani, Advocate. Ch. Aitzaz Ahsan, Sr. Advocate Supreme Court assisted by Barrister Zunaira Fayyaz, Advocate, Khawaja Haris Ahmed, Senior Advocate Supreme Court, Ch. Imran Hassan Ali, Advocate Supreme Court, Haider Mehmood Mirza, Advocate Supreme Court, Syed M. Iqbal Hashmi, Advocate Supreme Court and Syed Qamar Hussain Sabzwari, Advocate Supreme Court. Chief Abdul Rehman, in person. Qasim Jamal, Director Mineral, Hazara, Mohsin Ali Khan, Director Mineral. Riaz, Dy. Director Mineral, Abbottabad, Zulfiqar Ahmed, Asst. Director (Mineral) and Mumtaz Ali, DD(L), EPA. Date of hearing: 11th July, 2024.
AMER ISHAQ and others---Petitioners
VERSUS
PROVINCE OF KHYBER PAKHTUNKHWA and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 9, 23, 24, 25
Law: Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulations) Act 2020.
Section: 7, 19, R. 2(c), Schedule-IV
(a) Constitution of Pakistan-------Arts. 9, 23, 24 & 25---Right to life and property---Protection against discrimination---Environmental crisis---Islamic environmentalism---Humaninduced climate change---Scope---Environmental crisis pervades our lives--Overwhelming scientific consensus warns that human-induced climate change is leading to rising sea levels, extreme weather events and public health disasters--Supreme Court pointed out that despite over thirty years of international agreements, global carbon dioxide emissions rose 70% between 1990 and 2020--Biodiversity was collapsing at an unprecedented rate---One million animal and plant species faced complete destruction within decades because of human activities---Notwithstanding extensive domestic regulation, global standards of air, land and water pollution remained stubbornly high---It is in this perspective of environmental constitutionalism that current issue and Islamic environmentalism that current issue was approached by the Supreme Court.(b) Khyber Pakhtunkhwa Power Crushers (Installation, Operation andRegulations) Act (I of 2020)-------Ss. 7 & 19---Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulations) Rules, 2020,R. 2(c) & Schedule-IV---Constitution of Pakistan, Art. 184 (3)------Environmental crisis---Question of public importance---Rule 2 of Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulations) Rules, 2020, vires of---Petitioners were aggrieved of air pollution caused by crushing of stones by power crushers operating in violation of National Environmental Quality Standards (NEQS)---Provincial Government supported Report of Power Crushers Commission and also urged the Court to shut down such plants unless they complied with NEQS---Validity---Supreme Court directed Environmental Protection Agency, Khyber Pakhtunkhwa (EPA), in order to protect human life and health of residents of the area who had been subjected to plants in question for a number of years, to shut down and seal operations of stone crushing plants in question immediately---Respondent owners of plants in question could be allowed to re-operationalize their plants provided they made an…
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