| Citation(s) |
|---|
| 2007 SLG 3027 2007 SLD 3027 2007 PLJ 33 |
Sindh High Court
H.C.A No. 271 of 2004, decided on 1.9.2006.
ANWAR ZAHEER, JAMALI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ.
Mr. Khalid Anwar, Advocate for Appellant. Qazi Faiz Isa, Advocate for
Respondents. Anwer Mansoor Khan, A.G., Sindh for
Respondents No. 5 and 6. Nemo for the remaining
Respondents.
H.C.A No. 271 of 2004, decided on 1.9.2006.
ANWAR ZAHEER, JAMALI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ.
Mr. Khalid Anwar, Advocate for Appellant. Qazi Faiz Isa, Advocate for
Respondents. Anwer Mansoor Khan, A.G., Sindh for
Respondents No. 5 and 6. Nemo for the remaining
Respondents.
NESTLE MILK PAK LTD.--Appellant
VS
Sindh court INSTITUTE OF UROLOGY and others--Respondents
Law:
Section:
Pakistan Environmental Protection Act, 1997 (XXXIV of 1997)-- ----S. 12--Easements Act, (V of 1882), S. 7--Civil Procedure Code, (V of 1908), O.I, R. 8 & S. 151--Specific Relief Act, (I of 1877), Ss. 39, 42 & 53--Suit for declaration and cancellation of documents--Specified area for `Education City'--Effect on environment and residents of area--Public interest litigation--Scope--Plaintiff/respondents (Health & Educational Institutions) filed a suit for declaration and cancellation of documents against defendants/appellants, to the effect that a certain area, to be termed as "Education City", was to be reserved for the purpose of establishing health and educational institutions/projects and one of the defendants (water bottling company) had acquired land in "Education City" in a legally defective manner--Plaintiffs averred in their suit that; defendant/company was setting up a water bottling plant over land in-question for their use of sub-soil water/aquifer in huge quantities; that act of defendant--Company was likely to cause scarcity of water for use of plaintiffs and other institutions to be set up in that area in future; that defendant`s project was in violation of S. 12 of Act, 1997--Defendant had not obtained any requisite permission under Canal and Drainage Act, 1873--Defendant, denied assertions of plaintiffs as to; any illegality committed by it in acquiring ownership of land; legality of title of plaintiffs in respect of land claimed by them; existence of "Education City" in the area; causing of any damage to sub-soil water/aquifer due to operation of their water bottling plant over its land--Construction of building and installation of plant by it over its land was in accordance with law; that it had obtained necessary permission from concerned Agencies including Environmental Protection Agency; that project was intended to provide portable water to citizens of Pakistan; that suit, which was allegedly not maintainable, was filed by plaintiff with delay and that under S. 7 of Easements Act, 1882, every owner of land had absolute right to enjoy and dispose of his immovable property, subject to any law, for the time being in force and while…
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