P L D 2013 Lahore 659 (PLP)
Syed FEROZE SHAH GHILLANI and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | P L D 2013 Lahore 659 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Syed FEROZE SHAH GHILLANI and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents |
Q1: What are the key laws and sections cited in P L D 2013 Lahore 659 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2013 Lahore 659 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2013 Lahore 659 (PLP) (Syed FEROZE SHAH GHILLANI and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A.K. Dogar for Petitioner (in W.P. No.8777/2012).
- Azhar Siddique, Shahanshah Shamil Paracha, lrfan Mukhtar and Munir Ahmad for Petitioner (in W.P. No.26689/2012).
- Mian Ghulam Allah Khan Joyia for Petitioner (in W.P. No.26838/2012).
- Malik Munsaf Awan for Petitioner (in W.P. No.22539/2012).
- Syed Nisar Safdar for Petitioner (in W.P. No.25528/2012).
- Mian Bilal Ahmad for Petitioner (in W.P. No.22492/2012).
- M. Aslam Awan for Petitioner (in W.P. No.20789/2012).
- Rana Nadeem Ahmad for Petitioner (in W.P. No.9304/2011).
- Wasim Mehmood Malik vice Counsel for Respondent No.1.
Headnotes / Summary
Arts 154, 153, 9, 256 & 199
Council of Common Interests ("CCI")
Construction of Kalabagh Dam and Water Reservoir
Decisions of the CCI, nature of
Scope
Petitioners sought direction for the implementation of two decisions of the Council of Common Interest (CCI)) whereby express approval was given for the construction of the Kalabagh Dam and for addressing the political and technical concerns about the same
Contention of the petitioners was that said decisions of the CCI did not receive any attention from the Federal Government and that a technical study undertaken by representatives of all four Provinces had endorsed and approved the feasibility of the project
Constitution conferred a preeminent position to the CCI to formulate and regulate polices for the Federation in relation to a number of subjects, including Water and Power
Decision of the CCI had an obligatory effect unless the same was modified by the Parliament at the instance of the Federal Government under Art.154(7) of the Constitution
Shortage of available electric power in the national grid, scarcity, and depletion of irrigation water resource for arable land in the country and the frequent occurrence of floods in the Indus had adversely affected the quality and security of life of the citizens in the Province of Punjab and the country as a whole and the resulting degradation in the quality and conditions of life of the affected citizen violated their fundamental rights guaranteed under Arts.9 & 25 of the Constitution
High Court directed the Federal Government that in the performance of its duty under Art.154 of the Constitution, it shall, in letter and spirit take steps to implement the decisions of the CCI regarding construction of the Kalabagh Dam
High Court observed that bona fide steps in such regard were necessary when in the light of the available material, the project was admittedly feasible both technically and economically
High Court further directed that the Federal Government shall faithfully strive to explore and devise an administrative framework and safeguards that allayed the apprehensions, political or otherwise, nurtured by concerned quarters in relation to the construction of the Kalabagh Dam and that steps should be taken expeditiously with a resolve to comply with the provisions of Art.154 of the Constitution by effectuating the will of the CCI as expressed or by seeking further guidance and direction therefrom if such need arose
Constitutional petitions were disposed of accordingly.
Art. 154 & 153
Council of Common Interests ("CCI")
Decisions taken by the CCI
Constitution conferred a pre-eminent position to the CCI to formulate and regulate polices for the Federation in relation to a number of subjects, including Water and Power
Decision of the CCI had an obligatory effect unless the same was modified by the Parliament at the instance of the Federal Government under Art.154(7) of the Constitution.
Arts. 9 & 25
Security of person and equality of citizens
Shortage of electricity and water resources
Shortage of available electric power in the national grid, scarcity, and depletion of irrigation water resource for arable land in the country and the frequent occurrence of floods in the Indus had adversely affected the quality and security of life of the citizens in the Province of Punjab and the country as a whole and the resulting degradation in the quality and conditions of life of the affected citizens violated their fundamental rights guaranteed under Arts.9 & 25 of the Constitution.
Judgment & Decree
UMAR ATA BANDIAL, C J.
Senior Joint Secretary (CCI) of the Ministry of Inter-Provincial Coordination, Government of Pakistan has apprised the Court of two decisions by the Council of Common Interest ("CCI") regarding the Kalabagh Dam project. The first is dated 16-9-1991 when express approval for construction of Kalabgah Dam multipurpose project was given. Thereafter, on 9-5-1998 the CCI re-visited the project when the Natural Water Resources Development Program (NWRDP) headed by the Ministry of Water and Power was directed to prepare for detractors a document explaining the issues involved in the construction of Kalabagh Dam and addressing political and technical concerns about it. It was also directed that supplementary projects in support of the Kalabagh Dam be prepared to mitigate its effect. Neither the said decisions nor the project have thereafter received much attention of the Federal Government. On behalf of the petitioner, it is pointed out that a technical study undertaken in 2004 by representatives of all four Provinces has endorsed and approved the feasibility of Kalabagh Dam.
2. The Constitution of Pakistan confers a pre-eminent position to the CCI to formulate and regulate policies for the Federation in relation to a number of subjects, including, Water and Power. A decision of the CCI has obligatory effect unless the same is modified by Parliament at the instance of the Federal Government under Article 154(7) of the Constitution. In the present day of shortage of available electric power in the national grid, scarcity and depletion of irrigation water resource for arable land in the country and the frequent occurrence of floods in the Indus riverine basin has adversely affected the quality and security of life of the citizen in the Province of Punjab and the country as a whole. The resulting degradation in the quality and conditions of life of the affected citizen violates their fundamental rights guaranteed under Articles 9 and 25 of the Constitution. 2-A. In the circumstances and for detailed reasons to follow, the Federal government is directed that in the performance of its duty under Article 154 of the Constitution, it shall in letter and spirit take steps to implement the decisions of the CCI dated 16-9-1991 and 9-5-1998 regarding Kalabagh Dam.
3. Bona fide steps by the Federal Government in the foregoing behalf are necessary so that the fate of the project is not sealed on the basis of presumptions and surmises when in the light of the material on record the project is admittedly feasible both technically and economically. It is therefore directed that whilst implementing the afore-noted CCI decisions the Federal government shall faithfully strive to explore and devise an administrative framework and safeguards that allay the apprehensions, political or otherwise, nurtured by concerned quarters about the Kalabagh Dam project.
4. The foregoing steps shall be taken expeditiously by the Federal government with a resolve to comply the provisions of Article 154 of the Constitution by effectuating the will of the CCI as expressed or by seeking further guidance and direction therefrom if need arises. Disposed of. KMZ/F-22/L Order accordingl