2026 PLP 700 (MLD)

Jawad Hassan, J.

The petitioner has filed writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution ) with multiple prayers, the basic of which is to restrain the Respondents from cutting trees in the area of Takht pari Forest, Rawalpindi (the Forest ) on the assertion that such activity is violative of the principles of forest conservation, ecological sustainability and environmental protection.

2. At the time of issuance of notice, this Court, while passing a detailed admitting order, treated the matter as a public interest litigation and highlighted settled principles laid own by the Supreme Court of Pakistan with regard to deforestation, climate change and the fundamental right of citizens to live in a clean and healthy environment. This Court, being conscious of the grave and irreversible consequences of unlawful cutting of trees and degradation of the Forest land, vide order dated 19.06.2025, as an interim protective measure, also restrained the concerned authorities/Respondents from cutting or setting fire to trees in the Forest.

3. Today, Raja Javed Iqbal, District Forest Officer, Rawalpindi, appeared before this Court and submitted that after coming to know the (aforesaid) injunctive order of this Court, the concerned authorities immediately took steps to ensure strict compliance thereof. He further submitted that under the Chief Minister Punjab s initiative titled Plant for Pakistan , the relevant PC-I has been approved and active plantation is being carried out. He has also placed on record photographs reflecting plantation of big-size plants/saplings in the Forest.

4. Pursuant to the notices issued by this Court, reports and parawise comments have been filed by the Respondents Nos. 4 to 6 and

8. The Respondents Nos. 4 and 5 have categorically reported that the Forest Department has neither undertaken any illegal conversion of Forest land nor carried out unlawful cutting or burning of trees. On the contrary, it has been stated that the Forest Department has initiated various protective and restorative measures for the preservation of the Forest, including the development of a water pond and fencing of the area in order to safeguard the forest from the further encroachments. It has also been highlighted that approximately 755 acres of Forest land have already been unlawfully encroached upon by private housing societies and individuals. The report further reflects that extensive plantation has been carried out whereby 46,000 plants have been planted and dry afforestation work over 180 acres has been undertaken to restore degraded Forest land. It has been emphasized that these steps are aimed at restoration of biodiversity, improvement of tree cover, enhancement of recreational value of the forest for the general public and provision of livelihood opportunities for local communities.

5. The Respondent No. 6, in his report and parawise comments, has stated that upon receipt of the order of this Court, the site was visited where fencing around the forest was found intact and new plantation was also observed. It has been asserted that neither any trees were cut nor the forest was set on fire and that proper water supply is being ensured for the newly planted saplings through water tanks installed in the Forest.

6. In his report/comments, the Respondent No. 8 has clarified that the subject matter of this petition pertains to the alleged cutting of trees and administrative decisions relating to the Forest, which fall within the exclusive domain of the Forest Department, Government of Punjab. It has further been stated that the Ministry of Climate Change and Environmental Coordination has no direct role in the operational management and protection of the Forest. However, the Respondent No. 8 has reaffirmed its commitment to support sustainable forest management through policy framework and technical coordination at the national level.

7. This Court has carefully examined the record, reports and parawise comments submitted by the (answering) Respondents.

8. It is evident that upon initiation of these proceedings and particularly after passing of the interim injunctive order, the Forest Department and other concerned authorities have taken prompt and tangible steps towards the protection and restoration of the Takht Pari Forest. The measures undertaken, including fencing of the Forest land, plantation drives, afforestation over degraded areas, provision of water supply and development of protective infrastructure, prima facie, reflect a sincere and serious efforts to preserve the forest ecosystem. It may be observed that protection of the forests is not merely an administrative function but a constitutional and public obligation because preservation of forest is directly linked with environmental stability, mitigation of climate change, biodiversity conservation and protection of public health. It is also a settled proposition that environmental protection forms and integral part of the fundamental right to life and dignity guaranteed under Articles 9 and 14 of the Constitution. Forests constitute a natural heritage of the people and the State as well as its functionaries are duty-bound to safeguard such resources for the benefit of present as well as future generations.

9. It is to be noted that previously, in the judgment reported as Sheikh Asim Farooq v. Federation of Pakistan and others (PLD 2019 Lah. 664), this Court has issued substantial directions to the concerned authorities with regard to plantation of trees across the Pakistan in light of provisions of relevant law. Thereafter, in another case cited as Muhammad Banaras v. Government of the Punjab and others (PLJ 2024 Lah. 242) this Court has again issued certain directions to the Secretary, Forestry, Wildlife and Fisheries Department, Punjab for preservation of trees by vastly discussing its climate affects in light of the rationale rendered passed by the superior Courts of the country from time to time. The Supreme Court of Pakistan, in the judgment reported as Shah Zaman Khan and others v. Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others (PLD 2023 SC 340), has also put much emphasis on the importance of forests by holding (in paragraph-22) as under:

22. Climate change is not just a future threat but a present reality. The planet is in crisis and disasters are accelerating disasters. Climatic events of unprecedented severity are being witnessed. The unilateral and unsustainable pillage of the earth s resources has left humanity, and all other species, vulnerable. Excessive burning of fossil fuels has heated up the earth s temperature and when forests, which sequester carbon emissions are stripped away, its effect is compounded. Carbon fuel extraction needs to correlate with the available trees, plants and phytoplankton which store emissions. The causes of climate change and the catastrophic events that it unleashes are (by now) empirically established, yet the problem is not being addressed with the requisite urgency and seriousness. Simple mitigation measures are also not implemented. Carbon emissions, and not trees, have to be cut down. The learned Judges failed to consider that the Forest Ordinance was a beneficial piece of legislation which was enacted to conserve scarce remaining forests. In this regard, reference can also be made to the judgment passed in the case of D.G. Khan Cement Company Ltd. v. Government of Punjab through Chief Secretary, Lahore and others (2021 SCMR 834), wherein the Supreme Court of Pakistan has highlighted the significance of environment and ecosystem of the Country by holding (in paragraph-19) of said judgment as under:

19. Another important dimension of climate change is intergenerational justice and the need for climate democracy. The tragedy is that tomorrow s generations aren t here to challenge this pillaging of their inheritance. The great silent majority of future generations is rendered powerless and needs a voice. This Court should be mindful that its decisions also adjudicate upon the rights of the future generations of this country. It is important to question ourselves; how will the future generations look back on us and what legacy we leave for them? 41 This Court and the Courts around the globe have a role to play in reducing the effects of climate change for our generation and for the generations to come. Through our pen and jurisprudential fiat, we need to decolonize our future generations from the wrath of climate change, by upholding climate justice at all times. Democracy, anywhere in the world is pillared on the rule of law, which substantially means rights based rule of law rather than rule based; which guarantees fundamental values of morality, justice, and human rights, with a proper balance between these and other needs of the society. 42 Post climate change, democracies have to be redesigned and restructured to become more climate resilient and the fundamental principle of rule of law has to recognize the urgent need to combat climate change. Robust democracies need to be climate democracies in order to save the world and our further generations from being colonized at the hands of climate change. The premabular constitutional value of democracy under our Constitution is in effect climate democracy, if we wish to actualize our Constitution and the fundamental rights guaranteed under the Constitution for ourselves and our future generations. Janine Benyus 43 suggests we learn from nature s 3.8 billion years of evolution. How is it that other species have learned to survive and thrive for 10,000 generations or more? Well, it s by taking care of the place that would take care of their offspring, by living within the ecosystem in which they are embedded, by knowing not to foul the nest. We must restore and repair and care for the planetary home that will take care of our offspring. For our children, and our children s children, and all those yet to come, we must love our rivers and mountains and reconnect with the long and life-giving cycles of nature. To us there is no conflict between environmental protection and development because our answer would be sustainable development Sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs and it is in step with our constitutional values of social and economic justice. Recently, a Larger Bench of the Supreme Court of Pakistan, in the case of Mehar Badsha v. Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others (PLD 2025 SC 36) has discussed the importance of forests in human life by highlighting disadvantages of cutting of trees. Relevant portion from paragraphs 5 and 6 of the said decision are given below for ease of the matter: 5 It is, however, commendable that the right to a clean, healthy and sustainable environment has now been specifically incorporated into the Constitution which undoubtedly will help preserve flora and fauna and the natural environment. It has by now been established that a viable future is dependent on preserving and conserving the environment and adopting sustainable environmental practices.

6. Forests are natural rainfall catchment areas, and they also ensure against flooding and avalanches. The rain water flowing in to the streams and rivers must not be polluted. Unfortunately and regrettably sewage and industrial waste are released into water bodies killing the life bearing quality of water. The effects of deforestation and pollution long outlast lives. Trees are equally important in sequestering green house gases released by burning fossils fuels Due to cutting of trees, the intergenerational rights of future generation to a clean and healthy environment, as guaranteed and protected under (newly inserted) Article 9A to the Constitution, are also being infringed. In the judgment reported as Ms. Shehla Zia and others v. WAPDA (PLD 1994 SC 693), the Supreme Court of Pakistan has already expanded the scope of word life under Article 9 of the Constitution by clarifying that it also includes right to healthy environment free from any kind of pollution.

10. In view of the above, this Court is satisfied that the immediate apprehension raised by the Petitioner regarding illegal cutting of trees has been duly addressed by the concerned authorities and necessary steps have been taken for protection and restoration of the Forest. Therefore, no further adjudication on disputed facts is required at this stage.

11. However, keeping in view the importance of the subject-matter and to ensure that the Forest is not exposed to any future illegal activity, this writ petition is disposed of with the following directions: (i) The Forest Department, Government of Punjab, as well as all other concerned Respondents/authorities, shall continue to ensure that no illegal cutting, burning or damage is caused to the trees and forest land of Takht Pari Forest. (ii) The Forest Department shall maintain and strengthen the existing protective measures, including fencing, patrolling, monitoring of the forest area and ensuring uninterrupted water supply for the newly planted trees/saplings. (iii) The plantation and afforestation activities initiated under the Chief Minister s initiative Plant for Pakistan shall be continued in accordance with the approved PC-I and relevant policy, and all possible efforts shall be made to restore the degraded forest land. (iv) The concerned authorities shall also ensure that the Forest land is protected from encroachments and any unlawful encroachment, if found, shall be dealt with strictly in accordance with law. (v) The District Administration and other concerned departments shall be extend full cooperation to the Forest Department in order to safeguard Takht Pari Forest and preserve its ecological value. Before parting with this order, this Court deems it appropriate to appreciate the sincere efforts made by the concerned hierarchy of Forest Department as well as other government authorities in promptly responding to the concerns raised in this writ petition and for undertaking plantation and protective measures to preserve the Takht Pari Forest. Such initiatives are in consonance with the constitutional mandate, public interest and the larger objective of environmental protection. MH/M-55/L Order accordingly.