Case Details

Citation(s)
2003 SLG 2527 2003 SLD 2527 2003 CLC 576
Lahore High Court
Writ Petition No. 20406 of 1998, heard on 30-09-2002.
MIAN HAMID FAROOQ, J

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MUHAMMAD YOUSAF and 15 others

VS

PROVINCE OF THE PUNJAB through Secretary, Local Government and 6 others

Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)-------Ss. 2(xxxiii), 12 & 16---Constitution of Pakistan (1973), Arts. 9, 14 & 199---Constitutional petition---Dignity of man and privacy of home--­Constitutional guarantee---Site located in vicinity of the city being used by Municipal Corporation City District Government for dumping of solid waste---On account of dumping of solid waste, there were heaps of garbage and area was full of dirty material---Hundreds of people had died in locality due to various diseases caused by dumping of solid waste---Enormous difficulties faced by people of locality could not be imagined---People of such locality being citizens of the country were entitled to equal protection of law---Pollution in the form of slow poisoning was being faced by people of the said locality since long--­Duty of City District Government was to redress grievance of people of such locality---High Court treated Constitutional petition as public interest litigation and directed the City District Government to make alternative arrangement and select suitable place for dumping of solid waste away from residential areas within one year, and till then take all necessary possible steps to minimize effects of dumping ground---Constitutional petition was disposed of accordingly. Mrs. Anjum Irfan v. L.D.A. Writ Petition No.25084 of 1997; PLD 2002 Lah. 555 and Ms. Shehla Zia and others v. WAPDA PLD 1994 SC 693 rel. (b) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Preamble, Ss. 2(xxxiii), 12 & 16---Constitution of Pakistan (1973), Art's. 9, 14 & 25---Po.iution free environment, necessity of--­Responsibility of citizens and public functionaries to reduce pollution, emphasized. It is a matter of common knowledge that pollution creates dangerous gases etc. which are injurious not only to human life, but also to lives of animals, birds and plants. Pollution is the form of slow poisoning. Problem of pollution is more dangerous as compared to destruction by hydrogen bomb. It is proper and high time to implement law in letter and spirit without discrimination as life of human being is more precious. In fact, every one is not saved…
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