| Citation(s) |
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| 2025 SLG 750 2025 SLD 750 = 2025 PLD 191 |
Lahore High Court
Writ Petition No. 75 of 2022, decided on 11th October, 2022*.
Before Jawad Hassan, J
Sardar Taimoor Aslam Khan, Barrister Owais Aziz, Barrister Khalique Zaman and Uzair Bin Shafie for Petitioner. Barrister Raja Hamza Anwar Abbasi for Petitioner (in W.P. No.2937 of 2019). Mirza Asif Abbas and Waheed Asad Raja, Assistant Advocates-General with Akhtar Javaid, Secretary Law and Parliamentary Affairs Department, Government of the Punjab, Nawaz Manik, Director Legal, EPA Punjab, Muhammad Rafique, Deputy Director, ENUH, Rawalpindi, Waqas Sikandari, Assistant Commissioner, Murree and Yasir Ashraf, Assistant Commissioner, Kahuta. Muhammad Sajid Khan Tanoli, Deputy Attorney General and Asif Ikram, Assistant Attorney General along with Aamir Shehzad, SDFO Murree, Raza Anwar Sh. DFO, M. Jamshed Iqbal Chaudhary, Senior Manager, Research and Conservation, World Wide Fund for Nature (WWF), Pakistan, Islamabad and Muhammad Asif Sahibzada, Director (Enr. Policy), Ministry of Climate Change, Islamabad. Ali Tauqeer Sheikh, Independent Expert on Climate Change and Development [ex-Chief Executive Officer (CEO), LEAD Pakistan, Director, Asia Climate and Development Knowledge (CDKN)] along with Hassan Adnan Ahmed, Advocate. Masood Ahmad Abbasi for
Respondent No.4 (in W.P. No.2937 of 2019). Malik Abdul Rashid Awan for the
Respondents Nos.6 to 8 (in W.P. No.2937 of 2019).
Writ Petition No. 75 of 2022, decided on 11th October, 2022*.
Before Jawad Hassan, J
Sardar Taimoor Aslam Khan, Barrister Owais Aziz, Barrister Khalique Zaman and Uzair Bin Shafie for Petitioner. Barrister Raja Hamza Anwar Abbasi for Petitioner (in W.P. No.2937 of 2019). Mirza Asif Abbas and Waheed Asad Raja, Assistant Advocates-General with Akhtar Javaid, Secretary Law and Parliamentary Affairs Department, Government of the Punjab, Nawaz Manik, Director Legal, EPA Punjab, Muhammad Rafique, Deputy Director, ENUH, Rawalpindi, Waqas Sikandari, Assistant Commissioner, Murree and Yasir Ashraf, Assistant Commissioner, Kahuta. Muhammad Sajid Khan Tanoli, Deputy Attorney General and Asif Ikram, Assistant Attorney General along with Aamir Shehzad, SDFO Murree, Raza Anwar Sh. DFO, M. Jamshed Iqbal Chaudhary, Senior Manager, Research and Conservation, World Wide Fund for Nature (WWF), Pakistan, Islamabad and Muhammad Asif Sahibzada, Director (Enr. Policy), Ministry of Climate Change, Islamabad. Ali Tauqeer Sheikh, Independent Expert on Climate Change and Development [ex-Chief Executive Officer (CEO), LEAD Pakistan, Director, Asia Climate and Development Knowledge (CDKN)] along with Hassan Adnan Ahmed, Advocate. Masood Ahmad Abbasi for
Respondent No.4 (in W.P. No.2937 of 2019). Malik Abdul Rashid Awan for the
Respondents Nos.6 to 8 (in W.P. No.2937 of 2019).
PERVAIZ ABBASI---Petitioner
VERSUS
GOVERNMENT OF PUNJAB and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 26,199
Constitution of Pakistan-------Arts. 26 & 199---Constitutional petition---Environment protection---Necessary legislation--- Continuing mandamus, doctrine of---Applicability---Petitioner was aggrieved of destroying of National Park Area through anti-environmentalism activities---Authorities contended that to control all affairs regarding preservation, conservation, sustainable development and protection of Kohsar Eco-System, necessary legislation was in process---Held, that purpose of filing Constitutional petition was only to protect Eco-System of Murree, which was a place of public resort and entertainment for citizens of Pakistan, therefore, High Court directed concerned authorities to make a specific legislation in such regard---Provision of Art. 26 of the Constitution grants fundamental right to every citizen of the country to have access to all places of public entertainment or resort---High Court succeeded to conclude the case in shape of a Draft Act, therefore, under the doctrine of continuing mandamus, all State functionaries were directed to strictly follow awaited law/legislation after its approval by Standing Committee of the Cabinet on Legislative Business---Constitutional petition was disposed accordingly.Subay Khan v. Secretary, Labour, Government of the Punjab PLD 2019 Lah. 253; Sheikh Asim Farooq v. Federation of Pakistan and others PLD 2019 Lah. 664; Muhammad Tahir Jamal, Advocate v. Government of the Punjab and others PLD 2020 Lah. 407; Muhammad Ahmad Pansota and others v. Federation of Pakistan and others PLD 2020 Lah. 229; Mst. Fatima Faryad and others v. Government of Punjab and others 2020 CLC 836; 2012 CLD Journal at page 79; Suo Motu case No. 10 of 2005; 2010 SCMR 361; 2005-2006, SC of Pakistan, Golden Jubilee Edition, 106; Moulvi Iqbal Haider v. Capital Development Authority PLD 2006 SC 394; Muhammad Umais v. Cantonment Board, Rawalpindi and others PLD 2022 Lah. 148; Muhammad Yousaf v. Secretary Finance and others PLD 2021 Lah. 156 = 2021 PLC (C.S.) 195; Mst. Sana Khursheed v. Government of the Punjab through Chief Secretary and 9 others PLD 2022 Lah. 346 and Sheikh Asim Farooq v. Federation of Pakistan and others PLD 2019 Lah. 664…