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P L D 2007 LAHORE 403

SYED MANSOOR ALI SHAH AND 4 OTHERS

V/S

GOVERNMENT OF PUNJAB, THROUGH HOUSING, PHYSICAL AND ENVIRONMENTAL PLN

Constitution of Pakistan (1973) Arts. 9, 14 & 199-

Pakistan is party to 2001 Stockholm Convention, which is a global treaty to protecthuman health and environment from Presistent Organic Pollution (POP). Pakistan has also jointed the global community being party to 1985 Vienna Convention on Protection of Ozone Layer. Pakistan has signed the 1992 United Nations Framework Convention on Climates Change (UNFCCC). The objective of the Convention is the stablization of green house gas concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Pakistan is also signatory of 1990 International Oil Pollution Preparedness, Response and Cooperation. Besides the international treaties, perseverance and protection of dignity of man is fundamental right of a citizen, guaranteed under Article 14 of the Constitution, 1973. Constitution of 1973 vide Article 9 protects the life of person/citizen. The cases where life of citizen is degraded, the qualify of life is adversely affected and health hazards are created affecting large number of people, amounts to deprivation of life, which above referred articles prohibits. Further that nuisance caused through air pollution is punishable under sections 268 and 278 of Pakistan Penal Code. Pakistan Environmental Protection Act (Act XXXIV of 1979) has been enforced for protection, conservation, in habitation and improvement of the environment. The redressal of grievance, voiced through these petitions, is covered under the constitutional provisions specifically Article 9 and 14, provisions of Act XXXIV of 1979, other enactments. State functionaries are bound by contractual obligations under international treaties, to make effective measures for elimination of vehicular pollution.

“Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with law. The word ‘life’ is very significant as it covers all facts of human existence. The word ‘life’ has not been defined in the Constitution but it does not mean nor can be restricted only to the vegetative or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. A person is entitled to protection of law from being exposed to hazards of electromagnetic fields or any other such hazards which may be due to installation and construction of any grid station, any factory, power station or such like installations. Under the common law a person whose right of easement, property or health is adversely affected by any act of omission or commission of a third person in the neighbourhood or at a far off place, he is entitled to seek an injunction and also claim damages, but the constitutional rights are higher than the legal rights conferred by law, but it municipal law or the common law. Such a danger is depicted, the possibility of which cannot be excluded, is bound to affect a large number of people who may suffer from it unknowingly because of lack of awareness, information and education and also because such sufferance is silent and fatal and most of the people who would be residing, under or at a dangerous distance of the grid station or such installation do not know that they are facing any risk or are likely to suffer by such risk. Therefore, Article 184, can be invoked because a large number of citizens throughout the country cannot make such representation and may not like to make it due to ignorance, poverty and disability.

Vehicular pollution needs elimination, which can be achieved by following the manner opted by the august Court in the above referred judgment 1996 SCMR 543. Appropriate writ for implementation of recommendations of the Commission is required, which is accordingly issued.

In Respect of Buses : –

(1) Introduction of dedicated CNG or complaint to euro-II buses for public transport conforming to euro-II standards

(2) Phasing out of existing buses in two years i.e. by December, 2007.

(3) Certified conversion of the existing buses from authorized workshops, penalty in case the certification policy is violated.

(4) Cap age for buses is 10 (ten) years. Over-aged buses to be scrapped. Only those buses be permitted to ply n roads, which are in perfect condition, after the lapse of 10 years period.

(5) Setting up dedicated bus lanes in the existing transport planning.

In respect of Wagons :-

(6) Phasing out of the wagons from the Urban Centres and replace the same with mini buses.

(7) In routes where the plying the buses is not feasible new mini buses or wagons, which are Euro-II complaint be used.

In Respect of Motorcab/Autocab Rickshaws”-

(8) Introduction of new four stroke CNG Motorcab/Autocab Rickshaws in Lahore.

(9) Phase out of the existing Autocab Rickshaws from Lahore by December, 2007.

(10)Strictly enforce the existing ban on the registration of two stroke Autocab Rickshawsimposed since January, 2005.

(11) tly enforce the existing ban on the registration of two stroke Motorcycle Richshaws in Lahore imposed since January 2005.

In Respect of Air Quality and Fuel standards :-

(12) Setting, by 2007, Ambient Air Quality Standards.

(13) Setting, by 2007, Vehicular Emission Standards and Fuel Standards. Short ter and long term plant.

(14) New vehicle emission standards and corresponding fuel quality for Lahore.

In Respect of Financial Incentives:–

(15) to effectively use the exiting Green fund to incentive cleaner fuels and vehicles.

(16) Priorities the establishment of Ambient Air Quality Monitoring Squads and Stations by the City District Government within a years.

(17) Make effective measures for inspection and monitoring stations within a year.[pp. 418, 420, 421, 422] A,B,E,F, & G

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