2007 PLP 1884 (MLD)
Qazi ALI ATHAR, ADVOCATE — Petitioner Versus ZAWAR AHMED KHAN SHERWANI and 3others — Respondents
| Citation | 2007 PLP 1884 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Qazi ALI ATHAR, ADVOCATE — Petitioner Versus ZAWAR AHMED KHAN SHERWANI and 3others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1884 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1884 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1884 (MLD) (Qazi ALI ATHAR, ADVOCATE — Petitioner Versus ZAWAR AHMED KHAN SHERWANI and 3others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi ALI ATHAR, ADVOCATE---Petitioner
- Kazi Abdul Hameed for Petitioner along with Qazi Ali Athar in person.
- Manzoor Ahmed for Respondent No.3.
- M. Sarwar Khan A.A.-G. for Respondent No.4.
Headnotes / Summary
Arts. 199 & 184(3)
Constitutional petition
Environmental degradation
Memo of petition and prayer therein had shown, that it was a public interest constitutional petition, which could only Abe initiated before the Supreme Court under Art.184(3) of the Constitution and that it was the duty of Environmental Tribunal to protect the environmental degradation and improve the conditions
Petitioner ought to have approached the proper forum for redress of his grievance
Constitutional petition being not maintainable, was dismissed.
Judgment & Decree
SAIYED SAEED ASHHAD, C.J.
In this constitutional petition the petitioner has sought the following relief:-- "(a) Issue the Notices to the respondents. (b) Conduct enquiry against the respondents Nos. l and 2. (c) Ensure that the writ of law should be upheld as to punish the respondents Nos. 1 and 2 with a fine Rs.25,000 for. the cutting of each tree as prescribed by the law. (d) Direct the Authorities to take immediate steps for the Environment friendly plantation. (e) Any other just or equitable relief deemed appropriate as being fit and proper' by this Hon'ble Court. From the perusal of the memo of petition and the prayer reproduced hereinabove, it is absolutely clear that, firstly, it is a public interest Constitutional Petition and according to the observations of this Court in the case of Democratic Workers Union C.B.A. v. State Bank of Pakistan and others reported in (SBLR 2001 Karachi 439), such can only be initiated before the Supreme Court of Pakistan under Article 184(3) of the Constitution of Islamic Republic of Pakistan and secondly, that Environmental Protection Authorities as well as Environmental Tribunals are existing the duty of which is to protect the environmental degradation and improve the conditions. The petitioner ought to have approached the proper forums for redress of his grievance. The constitutional petition is misconceived and is not maintainable. Accordingly, it stands dismissed in limine. H.B.T./A-88/K Petition dismissed.