Environmental protection

2026 MLD 700 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 199Constitutional petitionForestationEcological sustainabilityEnvironmental protectionPetitioner was aggrieved of cutting of trees in the area of Takht Pari forest

Held: Immediate apprehension raised by petitioner regarding illegal cutting of trees was duly addressed by concerned authorities and necessary steps were taken for protection and restoration of the Forest

High Court declined to adjudicate any further on disputed facts

High Court directed Forest Department of Government of Punjab and all other authorities to continue to ensure that no illegal cutting, burning or damage would be caused to trees and forest land of Takht Pari Forest

High Court further directed forest authorities to maintain and strengthen existing protective measures, including fencing, patrolling, monitoring of forest area and ensuring uninterrupted water supply for newly planted trees / saplings

High Court also directed the authorities that plantation and afforestation activities initiated under Chief Minister's initiative "Plant for Pakistan" should be continued in accordance with the approved PC-1 and relevant policy and all possible efforts should be made to restore the degraded forest land

High Court further directed the concerned authorities to also ensure that forest land would be protected from encroachments and any unlawful encroachment, if found would be dealt with strictly in accordance with law

High Court also directed district administration and other concerned departments to extend full cooperation to Forest Department in order to safeguard Takht Pari forest and preserve its ecological value

Constitutional petition was disposed of accordingly.

2020 CLD 531 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 6 & 11Environmental protectionExtraction of dead treesRequirements

Contention of petitioners was that tender for extraction of dead trees had been issued without obtaining "No Objection Certificate" from Environmental Protection Agency

Validity

Environmental Protection Agency was bound to render advice and assistance as might be required in environmental matters

If any project was likely to cause any adverse environmental effect then before commencement of the same approval of Environmental Protection Agency was necessary

High Court directed the Environmental Protection Agency to submit report as to how much fallen trees were necessary to be kept on land to maintain the ecosystem and biodiversity

Environmental Protection Agency without spot inspection and detailed examination had submitted that impugned tender had been issued after obtaining "No Objection Certificate"

Environmental Protection Agency had failed to play the role it was supposed to play under Azad Jammu and Kashmir Environmental Protection Act, 2000

High Court directed that trees marked as diseased, dry, decayed or damaged should not be allowed to cut until committee comprising of District Forest Officer, Assistant Commissioner concerned and representatives of Environmental Protection Agency would make spot inspection and ensure that no green tree had been marked

Petitioners and public at large would be at liberty to bring into the notice of committee if any green tree was marked and in case no action had been taken then they might approach the High Court

Writ petition was disposed of accordingly.

2019 PLD 664 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

PreambleDeclaration of the United Nations Conference on the Human Environment [Stockholm Declaration], 1972, Principle 17Environmental protectionPublic trust, doctrine ofScope

Said doctrine was part of Pakistan's domestic jurisprudence.

2019 PLD 664 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

PreambleIUCN World Declaration on the Environmental Rule of Law (2016), Principle 5Environmental protectionIn Dubio Pro Natura, principle ofMeaning and scopeSaid principle meant that when in doubt matters shall be resolved in favour of protection of the environment

Said principle was incorporated and recognized in the domestic jurisprudence of Pakistan.

2016 CLD 1097 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 16 & 23Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000, Regln. 20(3)Environmental protectionSealing of propertyAudi Alteram Partem, principle ofApplicabilityAppellant company was aggrieved of sealing its factory by authorities under Pakistan Environmental Protection Act, 1997Plea raised by appellant was that no opportunity of hearing was provided to appellant, before sealing its factoryValidity

Authorities were not empowered under S. 16 of Pakistan Environmental Protection Act, 1997, and Regulation 20(3) of Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000, to seal property

Sealing of property/premises of appellant by authorities was beyond the scope of Pakistan Environmental Protection Act, 1997, and Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000

Action of sealing property of appellant by authorities was violative of principle of audi alteram partem as no notice was given by authorities to appellant

Principles of natural justice had to be observed in all proceedings whether judicial or administrative, if proceedings were to result in consequences affecting person or property or other right of parties concerned

Such rule was applied even though there was no positive words in the statute or legal document whereby power was vested to take such proceedings and in such cases such requirement was to be implied into it as the minimum requirement of fairness

High Court set aside the order of sealing of factory of appellant by authorities

Appeal was allowed in circumstances.