Case Details

Citation(s)
1994 SLG 431 1994 SLD 431 1994 PLD 693
Supreme Court of Pakistan
Human Rights Case No.15-K of 1992, heard on 12-02-1994.(Environmental pollution---Installation of GridStation/cutting of trees).
NASIM HASAN SHAH, C.J., SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ

Ms. SHEHLA ZIA and othersvsWAPDA

Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 184(3), 9 & 14--- Public interest litigation ---Human rights-­Apprehension of citizens of the area against construction of grid station b3 authority--- Supreme Court, on receipt of letter from citizens in that respect found that the letter raised two questions namely whether any Government agency had a right to endanger the life of citizens by its actions without the latter's consent and whether zoning laws vest rights in citizens which could not be withdrawn or altered without the citizen's consent ---Citizens, under Art .9 of the Constitution of Pakistan were entitled to protection of law from being exposed to hazards of electromagnetic field or any other such hazards which may be due to installation and construction of any grid station, any factory, power station or such like installations ---Article 184 of the Constitution, therefore, could be invoked because a large number of citizens throughout the country could not make such representation and may not like to make it due to ignorance, poverty and disability ---Considering the gravity of the matter which could involve and affect the life and health of the citizens at large, notice was issued by Supreme Court to the Authority ---Trend of opinion of scientists and scholars was that likelihood of adverse effects of electromagnetic fields on human health could not be ruled out ---Subject being highly technical, Supreme Court declined to give definite fording particularly when the experts and technical evidence produced was inconclusive ---Supreme Court observed that in such circumstances the balance should be struck between the rights of the citizens and also the plans which were executed by the Authority for the welfare, economic progress and prosperity of the country and if there were threats of serious damage, effective measures should be taken to control it and it should not be postponed merely on the ground that the scientific research and studies were uncertain and not conclusive ---With the consent of both the parties Court appointed Commission to examine the plan and the proposals/schemes of the Authority in the light of complaint made by the…
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