| Case ID |
2b9c237a-e634-4425-a792-39b00081f289 |
| Body |
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| Case Number |
C.P. No. 422 and Civil Revision Petition No. 249 o |
| Decision Date |
Jul 14, 2015 |
| Hearing Date |
Apr 15, 2015 |
| Decision |
The Balochistan High Court ruled on the importance of environmental protection and public health, emphasizing that the right to live includes the right to enjoy pollution-free air. The court issued directives to halt the operation of stone crushing plants within municipal limits and mandated the identification of safer zones for such operations. The court noted that while individuals have the right to conduct business, this right is not absolute and is subject to reasonable restrictions to protect public welfare. The court also highlighted the necessity for compliance with environmental regulations and the importance of maintaining a balance between economic activities and the health of the community. |
| Summary |
The case C.P. No. 422 and Civil Revision Petition No. 249 of 2011 at the Balochistan High Court addressed the critical issue of environmental pollution caused by stone crushing plants in Quetta. The court examined the constitutional rights of citizens to live in a pollution-free environment, as enshrined in Article 9 of the Constitution of Pakistan. The ruling emphasized that the right to life encompasses the right to clean air and a healthy environment, highlighting the detrimental effects of air pollution on public health. The court mandated the closure of existing stone crushing operations within city limits and directed the government to establish safer zones for such activities, reflecting a commitment to environmental protection and public health. This case underscores the balance between economic activities and the necessity to safeguard community health, establishing a precedent for future environmental jurisprudence in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD NOOR MESKANZAI, C.J.,
MUHAMMAD HASHIM KHAN KAKAR, J.
|
| Lawyers |
Abdul Khair Achakzai,
H. Shakil Ahmed,
Zafar Hayat Mullazai,
Tahir Ali Baloch,
Abdul Zahir Kakar,
Rehmatullah Kakar
|
| Petitioners |
Haji Mullah Noor Ullah
|
| Respondents |
Ghulam Nabi,
Abdul Mateen,
Abdul Khair Achakzai,
SECRETARY MINES AND MINERALS,
H. Shakil Ahmed,
Zafar Hayat Mullazai,
Tahir Ali Baloch,
Abdul Zahir Kakar,
Rehmatullah Kakar,
Nizam-ud-Din,
Muhammad Tariq,
Jameel Khethran,
Abdul Jabbar,
Ali Bakhsh Bizinjo
|
| Citations |
2015 SLD 2985,
2015 YLR 2349
|
| Other Citations |
2014 SCMR 396,
Ms. Shehla Zia v. Wapda PLD 1994 SC 693,
Pakcom Ltd. v. Federation of Pakistan PLD 2011 SC 44,
Pakistan Muslim League (N) through Khawaja Muhammad Asif v. Federation of Pakistan PLD 2007 SC 642,
Haji Lal Muhammad v. Federation of Pakistan PLD 2014 Pesh. 199
|
| Laws Involved |
Constitution of Pakistan,
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
9,
18,
199,
42,
54,
O.VII, R. 11
|