| Citation(s) |
|---|
| 2026 SLG 1833 2026 SLD 1833 = 2026 CLD 395 |
Lahore High Court, Bahawalpur Bench, Bahalwalpur
Writ Petition No.1612 of 2025, decided on 3rd July, 2025.
Presented By: Before Malik Muhammad Awais Khalid, J
Muhammad Farooq Warind and Muhammad Asif for Petitioner. Sardar Muhammad Shahzad Khan Dhukkur, Assistant Attorney General. Muhammad Azfal Ch., Sardar Abdul Basit Balouch and Rai Shujaat Hussain for
Respondents Nos.8, 10 and 11. Anwaar Hussain and Rai Mazhar Hussain Kharal, Assistant Advocates General along with Sajid Riaz Chief Officer, Municipal Committee Khanpur in Person for the Government of the Punjab.
Writ Petition No.1612 of 2025, decided on 3rd July, 2025.
Presented By: Before Malik Muhammad Awais Khalid, J
Muhammad Farooq Warind and Muhammad Asif for Petitioner. Sardar Muhammad Shahzad Khan Dhukkur, Assistant Attorney General. Muhammad Azfal Ch., Sardar Abdul Basit Balouch and Rai Shujaat Hussain for
Respondents Nos.8, 10 and 11. Anwaar Hussain and Rai Mazhar Hussain Kharal, Assistant Advocates General along with Sajid Riaz Chief Officer, Municipal Committee Khanpur in Person for the Government of the Punjab.
ADVOCATE MUHAMMAD WASEEM MUKHTAR KHAN---Petitioner
VERSUS
GOVERNMENT OF THE PUNJAB and others---Respondents
Law: Punjab Environmental Protection Act, 1997
Section: XXXIV,5
Law: Constitution of Pakistan, 1973
Section: 9,199
Punjab Environmental Protection Act (XXXIV of 1997)-- ----S. 5---Constitution of Pakistan, Arts. 9 & 199---Constitutional petition---Right to life---Clean water---Untreated sewerage effluent---Petitioner was aggrieved of disposal of untreated sewerage effluent into fresh water canal which water was the only source of drinking and irrigation---Validity---Canal in question was a vital water source used for both irrigation and drinking purposes by humans and animals and also for agriculture---Ground water of locality was highly brine and unfit for consumption, leaving the canal as primary source of potable water---Discharging untreated sewerage waste into the canal was leading to contamination of water and posing severe health risks to residents of the area---High Court directed DirectorGeneral of Punjab Environmental Protection Agency to visit the spot forthwith and conduct the environmental assessment of water contamination on urgent basis and take prompt actions to save human life of the area, posing an imminent public health crisis, exacerbating deplorable condition of already vulnerable population in the region---Petition was allowed accordingly. D.G. Khan Cement Company Ltd. v. Government of Punjab through Chief Secretary, Lahore and others 2021 SCMR 834; Shahab Usto v. Government of Sindh through Chief Secretary and others 2017 SCMR 732; Fifth Edition of Halsbury s Laws of England (Environmental Quality and Public Health); Goldsmith v. Tunbridge Wells Improvement Commissioners; Pride of Derby and Derbyshire Angling Assn. Ltd. v. British Cleanese Ltd.; Overseas Tankship U.K. Ltd. v. Morts Dock & Engg. Co. Ltd. (Wagon Mound No. I case) (1886) LR I Ch App 349; Dell v. Chesham Urban District Council, (1921) 3 KB 427 and Raja Zahoor Ahmed and others v. Capital Development Authority through Chairman and others 2022 SCMR 1411 rel. Date of hearing: 3rd July, 2025. JUDGMENT MALIK MUHAMMAD AWAIS KHALID, J.---The petitioner has filed instant Constitutional petition with the following prayer:- 1. Direct the Respondents, particularly the Municipal Committee, Tehsil Khanpur, to immediately cease the disposal of untreated sewerage effluent into…