Environmental Laws and Urban Infrastructure Projects

In the landmark case of Lahore Bachao Tehrik vs. Government of Punjab (2015 SCMR 1520), the Supreme Court of Pakistan addressed critical environmental concerns surrounding the widening of the Lahore Canal Road. This case highlights the intersection of environmental protection, urban development, and the rights of citizens under the Constitution of Pakistan. The proceedings provided clarity on the application of environmental laws in urban infrastructure projects, especially those involving public trust resources like the Lahore Canal.

Key Issues:

Public Trust Doctrine and Environmental Protection: A central issue in this case was the application of the public trust doctrine, which posits that certain natural resources, such as the Lahore Canal and its greenbelt, are held in trust by the government for public use and cannot be compromised for private or even certain public uses. The petitioner, Lahore Bachao Tehrik, argued that the proposed widening of the Canal Road, which involved cutting down trees and encroaching on the greenbelt, violated the public trust and would lead to significant environmental degradation.

Compliance with Environmental Laws and the Right to a Healthy Environment: The Court was tasked with balancing the need for urban development with the fundamental right to a clean and healthy environment as enshrined in Article 9 of the Constitution. The petitioner contended that the project violated the Environmental Protection Act by not adequately considering the environmental impact, particularly the loss of trees and green space, which are crucial for maintaining air quality and mitigating urban heat.

Judicial Oversight of Urban Planning Decisions: The case also raised questions about the extent of judicial intervention in urban planning decisions. The Lahore Canal had been declared a heritage park, and the petitioner argued that any development within this area should be subject to strict scrutiny to ensure compliance with environmental and heritage protection laws.

Shehla Zia vs. WAPDA (PLD 1994 SC 693): The Supreme Court reaffirmed the principle established in Shehla Zia, which recognized the right to a clean environment as an essential component of the right to life under Article 9. The Court emphasized that environmental considerations must be integrated into all governmental decisions, particularly those affecting public trust resources.

Public Trust Doctrine: The Court applied the public trust doctrine, underscoring that the government has a fiduciary duty to protect and preserve public resources for current and future generations. This doctrine was pivotal in evaluating the legality of the government's decision to allow road widening at the expense of the greenbelt.

Court's Conclusion: The Supreme Court ultimately allowed the Government of Punjab to proceed with the widening of the Lahore Canal Road, but under stringent conditions. The Court mandated that for every tree cut, the government must plant at least four new trees in a manner that ensures their survival and growth. Additionally, the Court ordered that all environmental impact assessments (EIAs) and mitigation measures be strictly adhered to, with continuous monitoring to ensure minimal environmental harm.

The Court recognized the importance of urban development for public benefit, such as reducing traffic congestion, but balanced this against the need to protect environmental resources. The decision underscored the necessity of adopting a sustainable development approach, where economic growth does not come at the expense of environmental degradation.

Contact Us:

For expert legal advice and representation in environmental matters, including compliance with environmental laws and handling disputes related to environmental regulations, AUJ LAWYERS LLP is equipped to provide comprehensive legal support. Contact us today for specialized legal services in environmental law.

We are here to help

Talk to our lawyers today. We tailor our services around your legal needs so that we can reach the desired outcome together.