Case Law

The case expanded the fundamental rights of life and dignity to encapsulate the right to a healthy environment. This was seminal as the Constitution of Pakistan does not explicitly recognize this right. As a consequence, the government would have to be cognizant of the environmental risks its projects might pose.

https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1994-Shehla-Zia-and-Ors.-v.-WAPDA.pdf

P L D 1994 Supreme Court 693

This case is pending before the Lahore High Court. The petitioners contend that the government has not taken action to counter climate change as promised at numerous junctures; and, this inaction specifically violates the rights of women with regards to equal protection and future generations.

https://climate-laws.org/litigation_cases?from_geography_page=Pakistan&geography%5B%5D=134 http://climatecasechart.com/non-us-case/maria-khan-et-al-v-federation-of-pakistan-et-al/

The court’s attention was drawn to industries discharging effluents into drains and canals without treatment; consequently, the court held that only those industries would be allowed to operate that installed treatment plants.

https://pakistanlaw.pk/case_judgements/42158/muhammad-tariq-abbasi-versus-defence-housing-authority

The court recognized that free access to the beach in Karachi is a fundamental right arising out of the right to life, previously recognized by the courts in other judgments. Thus, DHA is bound to consider the public interest when developing the Clifton beach.

https://pakistanlaw.pk/case_judgements/42158/muhammad-tariq-abbasi-versus-defence-housing-authority

In this case the court considered the cutting of trees for the Canal Widening Project in Lahore. The court ruled that minimum damage should be caused to the green belt and every tree cut should be replaced with four trees of at least 6/7 feet in height. Moreover, measures should be taken to ensure the canal is clean.

https://pakistanlaw.pk/case_judgements/29777/cutting-of-trees-for-canal-widening-project-lahore-versus

In this case the court considered shifting asphalt plants from their sites in Lahore on account of serious health risks they posed to residents. The court ruled that the plants should be shifted.

https://www.pljlawsite.com/2009art37.htm paragraph 3

In this case the court considered the contribution of motor vehicles to environmental degradation; for instance, through smoke, grit and noise. The court deliberated upon the recommendations presented by a Commission comprising various interested parties and formed a Standing Body of the Commission to operate until the implementation of the said recommendations.

2007 P L D Lahore 411

https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-2007-Syed-Mansoor-Ali-Shahand-Ors.-v.-Government-of-Punjab.pdf

This court case recognized that international agreements have binding effects on Pakistan as per Item Nos.3 and 32 of Federal List, Part-I, Fourth Schedule of the Constitution. This can be construed in the context of International environment treaties.

( P L D 2015 Lahore 522)

In this case the doctrine of public trust was discussed by holding that natural resources are akin to a Public Trust, such resources being a gift of nature, should be made freely available to everyone irrespective of their status.

(2005 C L C 424)

The Division Bench upheld the decision of “SINDH INSTITUTE OF UROLOGY AND TRANSPLANTATION Versus NESTLE MILKPAK LIMITED ANOTHERS”(2005 CLC Karachi 424) which elaborated on the concept of public trust doctrine in protecting the natural resources. The doctrine states that natural resources are like Public Trust, such resources being gift of nature, should be made freely available to everyone irrespective of the status.

“Illinois Central Railroad v. Illinois established that states hold title to submerged lands in trust for the public, preventing private corporations from claiming these lands for exclusive use.

The doctrine of public trust was recognized in the UK.

(2015 UK SC 7)

The Supreme Court upheld a notification by the Government of Punjab which prohibited the construction of cement plants in environmentally fragile zones called ‘negative areas’. The court emphasised the need to protect the right to life and to nature itself.

https://climate-laws.org/litigation_cases?from_geography_page=Pakistan&geography%5B%5D=134

The court considered whether the government violated its obligations by allowing widespread deforestation. The court ordered the government to meet its obligations under the National Climate Change Policy, 2012, the National Forest Policy, 2015, the Forest Policy Statement, 1999 and Punjab Environment Policy, 2015.

https://climate-laws.org/litigation_cases?from_geography_page=Pakistan&geography%5B%5D=134

In this case the court has been moved to prevent the development of electricity by burning coal in the Thar coalfields. The judgement is pending.

https://climate-laws.org/litigation_cases?from_geography_page=Pakistan&geography%5B%5D=134

In this case the court considered the pollution of the water supply source to the residents and mine workers of Khewra. The petitioners argued that poisonous water coming out of the mines pollutes the water reservoir and is a health hazard. The court ordered the mouth of the mine to be moved a safe distance away from the stream; and, to monitor the work a Commission was formed with powers to inspect the progress ordered.

https://www.globalhealthrights.org/wp-content/uploads/2013/02/SC-1994-Salt-Miners-v.-Director-Industries-and-Mineral-Development.pdf

The court considered the viability of Mahmood Booti as a site for solid waste disposal. The court formed the Solid Waste Management Commission to review the suitability of the site and recommend environmentally appropriate ways for the disposal of solid wastes in Lahore.

https://pakistanlaw.pk/articles/1201/role-of-commissions-in-public-interest-environmental-litigation-in-pakistan-litigation-in-pakistan subtopic 4