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Suo Motu Case No.25/2009: Cutting of Trees for Canal Widening Project Lahore

Pays/Territoire
Pakistan
Type de cour
Nationale - cour supérieure
Date
Aoû 15, 2011
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of Pakistan
Juge
Jillani, T.
Numéro de référence
No. 25-2009
Langue
Anglais
Sujet
Terre et sols, Environnement gén.
Mot clé
Planification territoriale
Résumé
The decision of the Supreme Court in the present case was anchored on the understanding of the doctrine of public trust. Issue framed by the Supreme Court read as under: Whether the project entailing the widening of the road on both sides of the Canal, which would have the effect of reducing the area of green belt, is violative of the Doctrine of Public Trust. The Supreme Court, in its judgment, following a precedent-setting postulation of the public trust doctrine, held: “The case in hand, if examined, in the light of the Doctrine of Public Trust as explained by the academics and construed by the Courts including the Pakistan Supreme Court leads to an inescapable conclusion that the green belt around both sides of the Canal is a Public Trust resource; that it cannot be converted into private use or any other use other than a public purpose; that widening of the road as proposed is a public purpose; that a minimum area is being affected and the remaining green belt/public park is much larger; that the same has been recommended by the Mediation Committee to be declared as Heritage Park and the recommendations of the said Committee have been accepted by the Province of Punjab in totality. In these circumstances, the Doctrine of Public Trust cannot be said to have been compromised”. The authorities concerned were also ordered not to grant new licenses in the catchment area or to renew old ones referred to in a schedule, without the prior approval of Court.