| Case ID |
44134925-ca3f-43ba-87f4-7ba59c3f5648 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 862 of 2020 |
| Decision Date |
Feb 26, 2024 |
| Hearing Date |
Feb 26, 2024 |
| Decision |
The Lahore High Court, Rawalpindi Bench, Rawalpindi, presided by Judge Jawad Hassan, has disposed of the writ petition filed by MUHAMMAD BANARAS against the GOVERNMENT OF THE PUNJAB and others. The court examined the validity of the impugned notification dated 07.03.2020 concerning the felling and cutting of trees in Guzara Forest. It was determined that the Deputy Commissioner lacks the jurisdiction to issue such a notification under the existing laws. The court directed the Secretary of the Forestry, Wildlife and Fisheries Department, Punjab, to first verify the validity of the notification. If deemed necessary, the Secretary is to initiate the process of framing requisite rules or extending existing rules to various Tehsils of District Rawalpindi in consultation with the Law & Parliamentary Affairs Department as per Rule 20 of the Punjab Government Rules of Business, 2011. The decision emphasizes the importance of forest conservation in combating climate change and upholding environmental regulations. The petition was thus disposed of after granting fair opportunity to all concerned parties. |
| Summary |
In the landmark case of MUHAMMAD BANARAS versus GOVERNMENT OF THE PUNJAB, the Lahore High Court, Rawalpindi Bench, delivered a significant judgment on February 26, 2024, addressing critical issues surrounding forest conservation and climate change. The petitioner challenged the authority of the Deputy Commissioner to issue a notification dated March 7, 2020, which imposed restrictions on the felling and cutting of trees in the Guzara Forest area. Central to the case were the provisions of the Punjab Government Rules of Business, 2011, specifically Section 20, and the Constitution of Pakistan, 1973, Section 199. The court scrutinized the legal framework governing environmental regulations and the proper delegated authority required to enforce them.
The petitioner, represented by Raja Habib-ur-Rehman, argued that the Deputy Commissioner overstepped his jurisdiction, as defined under the existing laws. The government's position, defended by Mr. Abid Aziz Rajori and Amir Imtiaz, maintained that the notification was lawfully issued in accordance with established legal precedents and environmental policies aimed at mitigating climate change. The involvement of Barrister Ch. Imran Hassan Ali as Amicus Curiae provided an impartial perspective, reinforcing the court's examination of the broader implications of forest conservation on climate regulation.
Key arguments revolved around the necessity of preserving forests to combat climate change, highlighting how deforestation can exacerbate global warming and disrupt ecological balance. The court acknowledged the substantial role that trees play in regulating the environment, acting as natural air conditioners by absorbing pollutants and providing moisture essential for rainfall. The judgment underscored the critical need for sustainable development practices that align with constitutional values and environmental justice.
In its decision, the court emphasized that the Deputy Commissioner's authority was limited and that such significant environmental decisions should involve higher governmental departments with the requisite expertise and jurisdiction. Consequently, the court directed the Secretary of the Forestry, Wildlife and Fisheries Department, Punjab, to validate the impugned notification. Should the notification be deemed invalid, the Secretary is tasked with formulating new rules or extending existing ones to various Tehsils in consultation with the Law & Parliamentary Affairs Department, as stipulated by Rule 20 of the Punjab Government Rules of Business, 2011.
This judgment not only reaffirms the importance of adhering to proper legal procedures in environmental governance but also sets a precedent for future cases involving delegated authority and environmental protection. By ensuring that environmental regulations are enforced by appropriately empowered entities, the court contributes to the broader discourse on sustainable development and climate resilience. The decision received commendation for its balanced approach, integrating legal rigor with environmental stewardship, thereby reinforcing the judiciary's role in promoting ecological sustainability and combating climate change.
The case also references several other significant judgments, including PLD 2018 Lah. 364, PLD 2019 Lah. 664, and 2022 LHC 6911, which collectively underscore the judiciary's commitment to environmental conservation and climate justice. The court's acknowledgment of climate change as a present reality and its impact on future generations highlights the urgent need for robust environmental policies and effective legal frameworks.
In conclusion, the Lahore High Court's decision in MUHAMMAD BANARAS versus GOVERNMENT OF THE PUNJAB serves as a pivotal moment in Pakistan's environmental jurisprudence. It emphasizes the necessity of proper legal authority in environmental regulation, the critical role of forests in combating climate change, and the judiciary's responsibility in ensuring that environmental laws are both effective and constitutionally sound. This case will likely influence future legal interpretations and policy formulations aimed at achieving sustainable environmental governance and climate resilience in Pakistan. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Secretary, Forestry, Wildlife and Fisheries Department, Punjab
|
| Judges |
Jawad Hassan
|
| Lawyers |
Raja Habib-ur-Rehman,
Mr. Abid Aziz Rajori,
Amir Imtiaz,
Barrister Ch. Imran Hassan Ali
|
| Petitioners |
MUHAMMAD BANARAS
|
| Respondents |
GOVERNMENT OF THE PUNJAB,
etc.
|
| Citations |
2024 SLD 4532,
2024 PLJ 242
|
| Other Citations |
PLD 2018 Lah. 364,
PLD 2019 Lah. 664,
2022 LHC 6911,
PLD 2023 SC 340,
2021 SCMR 834,
D.G. Khan Cement Company Ltd. versus Government of Punjab through Chief Secretary, Lahore and others (2021 SCMR 834),
Sheikh Asim Farooq versus Federation of Pakistan and others (PLD 2019 Lahore 664),
Asif Saleem versus Chairman BOG University of Lahore and others (PLD 2019 Lahore 407),
Maple Leaf Cement Factory Ltd. versus Environmental Protection Agency and others (PLD 2018 Lahore 255),
Asghar Leghari versus Federation of Pakistan and others (PLD 2018 Lahore 364),
Shah Zaman Khan and others versus Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others (PLD 2023 SC 340)
|
| Laws Involved |
Punjab Government Rules of Business, 2011,
Constitution of Pakistan, 1973
|
| Sections |
20,
199
|