Case Details

Citation(s)
2025 SLG 3811 2025 SLD 3811 = 2025 CLC 280
Lahore High Court
Case No.227807 of 2018, decided on 29th December, 2023.
Before Shahid Karim, J
Mrs. Hina Hafeez Ullah Ishaq, Sayed Kamal Ali Haider and Ch. Zulfiqar Ali, Members Judicial Commission. Faiz Ullah Khan Niazi, for counsel for the Petitioner. M. Azhar Siddique, Talaat Farooq Sh. and M. Yasin Hatif, for the Petitioners (in connected petitions) Shazib Masood, for counsel for CBD. Sahibzada Muzaffar Ali and Abdul Hanan, for Lahore Development Authority. Haris Azmat and Maryam Hayat Advocates for respondent-PHA. Mian Irfan Akram and Mohsin Mumtaz, for WASA. Dilnawaz Ahmad Cheema, Mian Ejaz Latif, Rana M. Afzal Razzaq Khan, Ghulam Abbas Haral, Umar Rafiq, Abdul Latif, M. Adeel Ch., Qari Zuhaib ur Rehman Zubairi and Mian M. Waseem, for the Applicants. Asad Ali Bajwa, Deputy Attorney General. Hassan Ejaz Cheema, Assistant Advocate General, M. Nawaz Manik, Director Law, EPA, Touqeer M. Wattoo, Director (Coord.) PDMA, Shahzad Khan, DSP Traffic, Umer Hayat, Law Officer and Ghulam Akhtar, Law Officer. Irfan Sana Ullah Khan Kakar, (in C.M No.74 of 2023).

HAROON FAROOQ ---Petitioner

VERSUS

GOVERNMENT OF THE PUNJAB and others ---Respondents

Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(i),(ii)

Constitution of Pakistan-------Art.199(1)(a)(i) & (ii)---Supervisory jurisdiction of High Court---Scope--Climate justice----Writ of mandamus for enforcement of climate justice---Judicial review---Scope---Elimination of climate chaos and enforcement of climate justice by the Water and Environment Commission appointed by High Court to compel implementation of actions taken for water reservation and environmental issues in Punjab particularly in Lahore---High Court exercised its ssupervisory jurisdiction with strong commitment of environmental protection and sustainable development by way of proactive measures and enforcement of strict regulations---Substantial and practical steps had been taken to control air pollution and to preserve groundwater---During the winter season those steps largely contributed to lowering Air Quality Index at different places in Lahore and thereby smog was controlled which had initially assumed dangerous proportions---This was an illustration of judicial review in action, and enforcement of climate justice---These actions were beyond mere judgments which adorn law journals and fail to address in actual terms, the climate chaos, which surrounds the inhabitants---In essence, it was a case of continuing mandamus or supervisory jurisdiction where orders of High Court were enforced by a Commission set up to compel implementation---Departments in turn, came back with reports of compliance and further orders were issued for complete climate justice and to protect fundamental rights of persons---Unique tool was employed by High Court which had yielded substantial results and same would not have been possible without the selfless and untiring efforts of the members of the Commission, who had devoted their energies to the monumental task---Counsel of different Departments and Regulatory Authorities had also come on board as friends of the Court and environment to lend a hand in the enterprise--Constitutional petition was adjourned for further proceedings, accordingly.Date of hearing: 29th December, 2023.ORDERSHAHID KARIM, J.---The report has been submitted by the Members of the Water and Environment Commission appointed by this Court that…
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