Commercialization

2014 CLD 222 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 2(xxxv), 12 & 33, Schedules I & II

Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Regln. 5

Constitution of Pakistan, Art.199

Constitutional petition

Environmental assessment

Commercialization

Withdrawal of permission

Security risk

Proof

Petitioners intended to raise commercial cum residential building on a commercial plot but District authorities withdrew the status of plot as commercial on the plea that it was security risk as a Jamat Khana (religious building) was in its vicinity

Validity

Withdrawal of commercialization status of plot on the ground that construction which would be raised on such plot would be a "security risk" did not fall within the domain of District authorities

Building approval was an act subsequent to and independent of the status of the plot

Declaration of District authorities to such effect could not sustain unless it had statutory backing such as in the cases of key point installations all those structures, installations, factories or other establishments which were of vital importance to country in its readiness and ability to fight a war and the event of whose destruction or severe damage, the loss would impair vital national war effort

Provincial Government or Central Government had the prerogative to prohibit construction within a specified parameters for the safety of such construction/installation

Environmental Impact Studies presupposed planning and zoning

Once planning and zoning had taken place or changed then such entry could not be applied against the proponent of a project which had undertaken construction or installation in consonance to such change

Pakistan Environmental Protection Agency could require such proponent to file Initial Environmental Examination (IEE) or Environmental Impact Assessment (EIA) by invoking any specific entry in either of the Schedules

Order passed by District Authorities to the extent of withdrawing commercial status of plot in question on the ground of being "security risk" to Jamat Khana (religious building) was mala fide and without jurisdiction and was set aside

Petition was allowed accordingly.