Case Details

Citation(s)
2007 SLG 2948 2007 SLD 2948 2007 PLD 293
Sindh High Court
Constitutional Petition No. D-455 of 2005, decided on 25th October, 2006, DATE of hearing 25th October, 2006
MUSHIR ALAM AND MAQBOOL BAQAR, JJ
Abdul Rehman and Rizwana Ismail for Petitioner. Makhdoom Ali Khan, Attorney-General and Dr. M. Usman for
Respondents Nos. 1 and 5. Abbas Ali, A.A.G. for
Respondents Nos. 3 and 4. Sohail H.K. Rana for
Respondent No. 6. Mahmood Mandviwala for
Respondent

SHEHRI C.B.E.

VS

GOVERNMENT OF PAKISTAN and others

Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 12---Pakistan Environmental Protection Agency (Revenue of IEE and ETA) Regulations, 2000, Regln. 10---Establishment of project not only for power generation but also for desalination of a massive quantity of seawater every day---Essential pre-requisite---Such plant cannot be classified as a power generation plant only, ignoring its attributes of a desalination plant---Desalination plant can be classified as a treatment plant-'Treatment' means and includes a desalination plant, not only in the common usage of the term, but a desalination plant would clearly fall within the classification `treatment plant'---Principles---Term 'Treatment'-Connotation-Desalination process--Description. Sindh Institute of Urology and Transplantation and others v. Nestle Milkpak Ltd. and others 2005 CLC 424; Illinois Central R. Co. v. Illinois 146 U.S. 387 (1892); Appleby v. City of New York 271 US 364 (1926); Reynolds v. Ingalls Shipbuilding Div. v. Litton Systems Incorporation C.A. Miss. 788 F 2nd 264, 268; New Encyclopaedia Britannica 15th Edn.; WiseGEEK by S.Mithra; The ABCs of Desalting by O.K. Burros California Coastal Commission Report on Seewater Desalination in California in Chap. 3 and Einav R. Harussi K. and Perry D., in Article The Footprint of the Desalination Process on the Environment Desalination 152 (2002) pp.141--154 ref. (b) Interpretation of statutes--- ----Words of a statute are to be understood in their natural sense, and phrases and sentences are construed according to their grammatical meaning, unless that leads to some absurdity or unless there is something in the context, or in the object of the statute to suggest the contrary---Expressions used in the statute should ordinarily be understood in a sense in which they best harmonize with the object of the statute and which effectuate the object of the Legislature. (c) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 12 & Preamble---Pakistan Environmental Agency (Revenue of IEE and EIA), Regulations, 2000, Regln. 10---Term `treatment plant' cannot be given a restrictive meaning so as to artificially exclude desalination plant…
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