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2011 S C M R 1743

[Supreme Court of Pakistan]

Present: Tassaduq ussain !i""ani and Mian Saqi# $isar% !!

C&TT'$( )* TR++S *)R C,$,- .'/+$'$( PR)!+CT% -,)R+: 'n te matter

of 

 

Suo Motu Case No. 25 of 2009, decided on 15th September, 2011.

 

a Constitution of Pakistan

 

----Arts. 9, 14, 14!"#---$a%istan &n'ironmenta( $rotection Act !)))*+ of 199#, S. 12---

$ub(ic interest issue---Cana( oad $roect aimed at /idenin the road on both sides of the

cana( ban%---&n'ironmenta( impact--- +io(ation of undamenta( ihts---Scope---ideninthe road, of necessit3 /ou(d cause, some damae to the reen be(t and thereb3 affect

en'ironment /hich had neither been uantified nor ascertained---Such apprehended effect

ma3 not be 'io(ati'e of undamenta( ihts of iht to ife un(ess it /as sho/n b3 p(acinincontro'ertib(e materia( before the court that same /ou(d (ead to ha6ardous effects on

en'ironment and eco(o3 to an e7tent that it /ou(d serious(3 affect human (i'in---Appro'a(

of the proect /as ranted b3 strict(3 comp(3in /ith $a%istan &n'ironmenta( $rotection Act,

199 and the reu(ations framed thereunder /ith conscious app(ication of mindconsiderin a(( re(e'ant materia( and the attendin circumstances---8e(d, Cana( oad $roect

neither contra'ened undamenta( ihts of iht to ife nor the iht to 8uman init3---

$rincip(es.

  Sheh(a :ia '. A$A $ 1994 SC ;9" ref

 

# Pu#"i5 Trust% /o5trine of

 

----Concept---App(icabi(it3---Scope---Cana( oad $roect aimed at /idenin the road on both sides of the cana( ban%---

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A* 195 SC ;52, ;5;@ Charan a( Sahu '. nion of *ndia !Ehopa( isaster case# A* 1990

SC 140@ M.C. Mehta '. Dama( Nath 199 1 SCC "@ M.*. Eui(ders $'t. td. '. adhe3

Sh3am Sahu 1999 SCC 4;4@ >h. Mara Sinh '. *ndian Fi( Co. A* 1999 ?GD 1@ Sheh(a :ia'. A$A $ 1994 SC ;9"@ Mou('i *ba( 8aider '. Capita( e'e(opment Authorit3 $

200; SC "94 and Sustainin rban rust octrineH ref 

5 Pakistan +n6ironmenta" Prote5tion ,5t '8 of 1997

 

----S. 2!7(ii#---ISustainab(e de'e(opmentI---efinition and concept---Scope---Cana( oad

$roect aimed at /idenin the road on both sides of the cana( ban%---+a(ues of Isustainab(ede'e(opmentI /ere %ept in 'ie/ /hi(e desinin and appro'in the Cana( oad $roect as

e'ident from the measures assured to be ta%en---Contention that appro'a( of the $roect /as

'io(ati'e of the concept of sustainab(e de'e(opment /ou(d not be tenab(e.

  Sheh(a :ia '. A$A $ 1994 SC ;9" and Stoc%ho(m ec(aration 192 ref

 

d Mediation

 

----Court had referred the matter to Mediation Committee /ith consent of both the parties---

8e(d, it /ou(d not be open for one of the parties to cha((ene Mediation CommitteeIs report, particu(ar(3 /hen the part3 had areed to 95J of the recommendations made b3 the said

Committee---$rincip(es.

  S.&. Ma%udam Muhammad '. >.+. Mahommad Shei% Abdu( Dadir 19"; Madras 5;

and Euress '. Morton 19; A.C. 1"; ref

 

e Constitution of Pakistan

 

----Arts. 14!"# G 199---$a%istan &n'ironmenta( $rotection Act !)))*+ of 199#,

$reamb(e---Kuestion as to en'ironmenta( human rihts---*nterference b3 Supreme Court---

Scope---?udicia( restraint---&7tent---Cana( oad $roect aimed at /idenin the road on both

sides of the cana(---Such proect fe(( under the po(ic3 ma%in domain of &7ecuti'eAuthorit3---Supreme Court had referred the matter to the Mediation Committee /ith the

consent of the parties and report of the Committee /as accepted in entiret3 b3 the $ro'incia(

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  E3 accordin an e7panded meanin to the undamenta( ihts pro'isions of the

Constitution, the Courts under Artic(es 199 and 14!"# of the Constitution ha'e ta%en notice

of pub(ic interest issues /hich has (ed to the de'e(opment of pub(ic interest (itiation. >he pub(ic interest (itiation /as i'en ne/ dimension b3 successi'e Chief ?ustices of $a%istan

 b3 de'e(opin the 8uman ihts cases urisprudence /hereunder petitions fi(ed b3 (ess

 pri'i(eed c(asses of societ3 on issues of pub(ic concern ha'e been entertained and decided/here contra'ention of fundamenta( rihts /as pro'ed.

  Supreme Court does not interfere in e'er3 issue of pub(ic concern under Artic(e14!"# of the Constitution but on(3 /here the action=order of the e7ecuti'e authorit3 raises

the uestion of enforcement of a undamenta( iht.

  Man3 a time, po(icies=actions of e7ecuti'e authorities are cha((ened and issues are

 brouht before the Court /hich ha'e socio-po(itica( or economic dimensions, issues of (opsided po(icies bein pursued, issues /hich ha'e po(ari6ed the nation, issues /hich ha'e

 b(ed and di'ided the nation and issues /hich ref(ect immora( or un/ise use of pub(ic funds.

?udes are humans. *t is painfu( to sit bac% and /atch the successi'e marches of fo((3.

8o/e'er, the constitutiona( constraint ref(ected in the trichotom3 of po/ers ob(ies theCourt to obser'e udicia( restraint. *t inter'enes on(3 /hen the po(ic3=action of the State

authorit3 ref(ects 'io(ation of an3 (a/ or a constitutiona( pro'ision or  

/hen it re(ates to the enforcement of a undamenta( iht /hich inter a(ia inc(udes&n'ironmenta( 8uman ihts. >he peop(e=Constitution ma%ers did not 'est Supreme Court

to sit o'er udment on a pure(3 po(ic3 decision ta%en b3 the competent e7ecuti'e authorit3

un(ess of course it 'io(ates the (a/ of the (and.

  hen an order of o'ernmenta( authorit3 is cha((ened before the Court raisin an

en'ironmenta( issue, the Court /ou(d e7amine as to /hether the authorit3 /hich passed theorder /as conscious of the re(e'ant considerations@ /hether it de(iberated o'er those and

/hether it too% the decision after ha'in the e7pert opinion and comp(3in /ith the mandate

of (a/H >he issues /hich underpin the proect under cha((ene re(ated to traffic conestion,the /idenin of the Cana( oad and the apprehended damae to eco(o3 and en'ironment.

>he Court /ou(d ha'e inter'ened if the issues of risin traffic f(o/ and conestion had not

necessitated remedia( measures@ if feasibi(it3 of other a(ternati'e proposa(s had not been

e7amined b3 the concerned department@ if it had not ot conducted &n'ironmenta( *mpactAssessment from a consu(tant and if the &n'ironmenta( $rotection Authorit3 had not i'en

en'ironmenta( c(earance after ta%in into consideration the re(e'ant factors@ if the doctrine of 

$ub(ic >rust or of $recautionar3 $rincip(e for en'ironmenta( protection /as bein 'io(ated or if the $ro'incia(

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recei'e technica( e7pertise /hi(e the ?udes are (eft to decide uestions of (a/. Such

committees reduce the chances of udicia( arbitrariness and adds (eitimac3 to the udments.

>he on(3 aspect the Court /ou(d e7amine is /hether the po(ic3=act under cha((ene is'io(ati'e of an3 pro'ision of the (a/ or the Constitution or an3 of the undamenta( ihts

uaranteed under the Constitution and as interpreted b3 the courts from time to time

  *n 'ie/ of the report of the Mediation Committee /hich had been accepted in entiret3 b3 the $ro'incia( he reener3 aroundit adds

 beaut3 and romance to the cit3. *n times one b3 there must ha'e been f(ourishin f 

ie(ds, meado/s and reen 'a((e3s. Much (ater /hen the road on bothsides of the cana( /as meta((ed, there /ou(d hard(3 ha'e been

a fe/ residentia( co(onies. Eut

s(o/(3 and radua((3, as the popu(ation increased, residentia(co(onies /ere bui(t to cater to the needs of the popu(ace. >he mushroom ro/th of 

residentia( co(onies is a post independence phenomenon. *t assumed a reater momentum in

the (ast "=4 decades. >his caused massi'e damae to the f(ourishin fie(ds,

the orchards and to the habitats. >he i((-concei'ed commercia(i6ation of residentia( areashad its to(( as /e((. *ndustria(i6ation on the outs%irts of the cit3 further confounded the

situation and this resu(ted in traffic f(o/ to mu(tip(3 manifo(ds. >he (oss of those reen

'a((e3s e'o%es a natura( (ament and nosta(ia. Eut this is /hat happens to en'ironment andeco(o3 /hen human needs increase and the cities e7pand brinin in their /a%e pains.

>he beaut3 of the cana( and of the reenbe(t on both sides of the Cana( oad (ie part(3in beho(derIs e3e i.e. human aesthetics, imaination, desin and enineerin. *t is the human

needs /hich reuire /idenin of the road.

  Supreme Court ac%no/(eded the admirab(e spirit demonstrated b3 petitionersI

orani6ation, b3 those indi'idua(s, architects, urban p(anners, academics and students for 

 protection of cit3Is eco(oica( and en'ironmenta( hori6ons. urin hearin of the case, theCourt /as touched b3 the rainbo/ of idea(ism, of inte((ect, of architectura(

abi(it3, of urban de'e(opment and menta( hea(th e7pertise of races and 3outhfu( e7ub

erance. >his /as a (i'in testimon3 to a'ibrant ci'i( societ3. >his 'ibrance, 'ii(ance and 6ea( must ha'e acted as a

/atchdo for those entrusted /ith desin and p(annin of the Cana( oad $roect

and those /ho accorded en'ironmenta( c(earance.

>he /idenin of the road /hich is no/ confined to on(3 a part of the Cana(oad and the conditiona( appro'a( ranted b3

&$A, $unab attachin strinent conditions to a((a3

the en'ironmenta( concerns is a 'indication of the obect for /hichthe petitioners brouht this issue before the Supreme Court. As (on

as this spirit is a(i'e, the authorities and the (eadership /ou(d continue to be uided b3

the 'a(ues of sustainab(e human and urban de'e(opment.

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  Supreme Court %eepin in 'ie/ the stance of the he Eamba/a(i-a'i-Eedian !EE# Cana( and the reen be(t on both sides of the

Cana( oad !from ?a((o $ar% ti(( >ho%ar Nia6 Ee# is a $ub(ic >rust. *t sha(( be treated

as a 8eritae rban $ar% forth/ith and dec(ared so b3 an Act to be passed b3 theAssemb(3 as underta%en b3 the respondent-$ro'incia( raffic Manaement $roram sha(( be made and i'en effect to@

!'# urther impro'ement in pub(ic transport s3stem sha(( be ensured@

!'i# here needed and as recommended b3 the Committee, re-enineerin of the unctions a(on the Cana( Ean% /ou(d be underta%en@

!'ii# >he ser'ice roads a(on certain parts of the Cana( oad sha(( be

constructed=impro'ed@

!'iii# eport of the Mediation Committee sha(( be imp(emented as areed b3 therespondent-$ro'incia( he steps shou(d inter a(ia inc(ude thro/in of (iter and dischare of an3

 po((utant in the cana( a pena( offence. >he Chief Secretar3, obacco

Compan3 td. '. ederation of $a%istan 1999 SCM "2@ ?a'ed *brahim $aracha '.ederation of $a%istan $ 2004 SC 42@ Muhammad Eashir '. Abdu( Darim $ 2004 SC

21@ >rop '. u((es "5; .S. ;, 120 !195#@ Narmada Eachao Ando(an '. nion of *ndia

A* 2000 SC "51 and >homas 8ard3Is BMaddin Cro/dB ref

  Ms. *mrana >i/ani, Con'ener E> !ahore Eachao >ehri%=Sa'e ahore Mo'ement#,Ms. *ram Aftab, E>, Ms. A3esha Eatoo(, A(i 8assan for , $a%istan, Ms. Naumana

Amad, Assistant $rofessor of $s3cho(o3, $unab ni'ersit3, Dami( Dhan Mumta6,

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!Architect#, Ms. Saima Ameen Dha/aa, t. Co(. !# *a6 Na6im, Nehri% !IE>I# has cha((ened the proect of o/n $(annin and

sustainab(e urban transport /hich inc(ude a(ternati'es based on pub(ic transportation instead

of pri'ate transportation. >he petitioner has a(so pra3ed that the Cana( $ar%=he petition ref(ects a stron passion for issues

of en'ironmenta( and eco(oica( concern.

2. $etitioner is stated(3 an umbre((a orani6ation consistin of members from other 

orani6ations such as *nstitute of Architects $a%istan, $a%istan Counci( of Architects and>o/n $(anners, the or(d ide und for Nature-$a%istan, the $a%istan Medica( Association,

the $a%istan &n'ironmenta( a/3ers Association, Simorh, Shir%atah, Shehri-CE&, the

ahore Conser'ation Societ3, Shaar ost, Subh-e-Nau, ahore Chitr%ar, the Fffice of Conser'ation and Communit3 Futreach, the $unab rban esource Center, other Nraffic &nineerin and $(annin Aenc3 !B>&$AB# to /iden the Cana( oad.

". *nitia((3 this petition /as a (etter from E> addressed to the honourab(e Chief ?usticeof $a%istan in /hich E> c(aimed that the Cana( oad $roect /as a 'io(ation of 

fundamenta( riht of (ife uaranteed under the Constitution. >he 8onIb(e Chief ?usticecon'erted it into a petition and issued a suo motu notice under Artic(e 14!"# of the

Constitution to the respondent-authorities. *n comp(iance of the suo motu notice, the

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!i# that the dec(ared obecti'es of the Cana( oad $roect i.e. !i# the

faci(itation of fast and efficient traffic mo'ement@ !ii# o'ercomin traffic

conestion and bott(enec%s, and !iii# to pro'ide eas3 tra'e((in conditions bet/een thenorthern and southern parts of the cit3 of ahore /ou(d not be achie'ed b3 /idenin

of the road.

!ii# that &n'ironmenta( *mpact Assessment carried out and the report !&*A eport# sosubmitted appro'in the Cana( oad $roect is f(a/ed because it does not consider thefo((o/in a(ternati'es to a((e'iate traffic conestion /hich are !i# in'estment in pub(ic

transport inc(udin ta7i ser'ices@ !ii# rationa(i6ation of par%in fees, !iii# conestion

charin@ !i'# soft traffic manaement@ !'# demand manaement@ !'i# better use of e7istin faci(ities@ !'iii# a'oidin +*$ traffic conestion and !i7# enforcement and

imp(ementation of traffic reu(ations.

!iii# that the three traffic bott(enec%s a(on the Cana( oad /hich ha'e been cited as

 ustification for /idenin the said road are not caused b3 the /idth of the road but b3the fact that traffic must BcrisscrossB on account of underpasses position on a(ternate

sides of the road. >he &*A eport fai(ed to point out that this cause of traffic

disruption /ou(d be further confounded b3 /idenin of the road and a((o/in moretraffic unto it.

!i'# that both the &*A eport and the >&$A ha'e not considered the impact of ahore

in oad $roect as /e(( as of proposed pub(ic transport initiati'e of the

he $recautionar3 $rincip(e in en'ironmenta( reu(ations /arrants that a separate &*A

of Cana( oad $roect shou(d inc(ude consideration of the afore- referred ne/de'e(opments.

!'# that accordin to the $recautionar3 $rincip(e of en'ironmenta( reu(ations, enshrined

in our urisprudence b3 the Sheh(a :iaIs case !$ 1994 SC ;9"#, it is imperati'e Bto

first consider the /e(fare and safet3 of the human beins and the en'ironment andthen to pic% up a po(ic3 and e7ecute the p(an /hich is more suited to ob'iate the

 possib(e daners or ma%e such a(ternate precautionar3 measures /hich ma3 ensure

safe(3B, it is arued that the he $recautionar3

$rincip(es enoins decision ma%ers to err on the side of caution /hen it comes to

 proect (i%e(3 to cause an ad'erse en'ironmenta( effect.

!'i# that the en'ironmenta( appro'a( ranted to the Cana( oad $roect is i((ea(, 'oid and

of no (ea( effect because the &n'ironmenta( $rotection Aenc3, $unab !B&$A-

$unabB# un(i%e the $a%istan &n'ironment $rotection Aenc3 !the B$a%-&$AB# set upunder section 5 of the $a%istan &n'ironmenta( $rotection Act, 199 !B$&$AB#, is notan independent aenc3. >he &$A-$unab is 'er3 much part of the

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circumstances, it /as contended that &*A of the >&$A $roect ouht to ha'e been

carried out b3 the $a%-&$A, /hich is the on(3 unbiased institution /ithin the scope of 

$&$A that can conduct re'ie/s of &*As submitted b3 $ro'incia( or edera(his area has immense eco(oica(

importance /ith a (ot of /i(d (ife specie of birds, trees and sma(( anima(s. ith the

 proposed /idenin of the road, the centuries o(d eco(oica( (in%aes /ou(d be bro%en

resu(tin in habitat destruction for birds and sma(( anima(s.

!i7# that the habitat of ahore Cana( Ean% has different t3pes of trees and shrubs. As per 

-$a%istan 200 eport, there are 14," trees and ;,55 shrubs in the area.

Maor trees inc(ude &uca(3ptus, $op(ar, ?aman, Mano, Ean3an, $ipa(, Ama(tas and

Eott(e Erush etc. A(( these trees and shrubs /ere thorouh(3 identified and counted.

!7# that the trees and p(ants contribute sinificant(3 to/ards purification. >he3 ma%e

their o/n food from Carbon io7ide and re(ease F73en for us to breath. >he3 a(so

he(p to sett(e out, trap and ho(d particu(ate po((utant !dust, ash, po((en and smo%e# that

can damae human (uns. $articu(ates are trapped and fi(tered b3 (ea'es, stems andt/is, and /ashed to the round on rainfa((. >he (oss of trees in our urban areas not

on(3 intensifies the urban heat-is(and effect from the (oss of shade and e'aporation

 but /e (ose a principa( absorber of carbon dio7ide and the trappers of air po((utants as/e((. A sin(e tree can absorb as much as ""0 (bs of carbon dio7ide, 4 (bs of round

(e'e( o6one and " (bs of particu(ate matter.

!7i# that the ahore Cana( throuh its distributaries has p(a3ed a pi'ota( ro(e in nurturin

the cit3 (andscape in the ro/th of ardens and other reen areas.!7ii# that the cana( /ith the passae of time, ho/e'er, has (ost its oriina( ro(e of 

supp(3in /ater to the cit3 but has assumed a ne/ ro(e as a road/a3 and a continuous

 be(t of reen space that stretches from one end of the cit3 to the other. >he /idenin

of the road proect is (i%e(3 to ad'erse(3 affect the said reen be(t=par%.

!7iii# that the /e(( %no/n Boctrine of $ub(ic >rustB as reconi6ed and reiterated in'arious udments of the 8ih Court and of this Court enoins cit3 fathers to maintain

uardianship and ste/ardship of the peop(eIs price(ess and historic natura( resources

as the3 transform their uti(it3, o'er the course of time, to meet the needs of peop(e of a cit3.

5. *n the concise statement submitted b3 the

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the cana( as /e(( as bus ba3s and she(ters, traffic contro( and ser'ice (e'e(

impro'ements, de'e(opment of reen areas a(on the Cana( oad and p(antation of 

trees thereon.

!iii# &7p(ainin the bac%round and ustification of the proect, it /as further a'erred that

accordin to &conomic Sur'e3 of $a%istan for the 3ear 200-2009 conducted b3 the

Ministr3 of inance, o/n, Campus Co(on3, Cana( +ie/Cooperati'e 8ousin Societ3, 8amid $ar% 8ousin Scheme !8S#, ehmanabad,

>o/nship etc. ot appro'a( from the o/n, Campus +ie/ >o/n, >ech Societ3,

$a%istan *nternationa( Air(ine !$*A# 8ousin Scheme $hase * and **, o/n,$a%istan Counci( of Scientific and *ndustria( esearch !$CS*# Cooperati'e 8ousin

Societ3 $hase * and **, Nationa( erti(i6er Corporation 8ousin Scheme, $unab he Mu(tan oad, bein situated at the tip of the southernmost section of the Cana(

oad, a(so ser'es as ahoreIs main entr3=e7it point for mi((ions of peop(e annua((3.

!d# >he Cana( oad is the main arter3 and the spine of ahore. *t is a(so the (onest

doub(e road connectin areas (3in to the north of the Cit3 !for e7amp(e harampura,

the Ma(( oad etc.# to those in the south !for e7amp(e the southern residentia( areas,

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the Mu(tan oad and ai/ind oad#. *n addition thereto, as the Cana( oad cuts

across the cit3, it a(so ser'es as the main feeder=(in% road to a(( the maor inner-cit3

roads such as the in% oad, ero6epur oad, ?ai( oad, the Ma(( oad etc.

!e# >he traffic conditions on the Cana( oad ha'e been radua((3 deterioratin o'er the

 past man3 3ears on account of the fact that o'er the past t/o decades !191-2000# the

number of 'ehic(es in the cit3 ha'e increased from 1" 'ehic(es per 1000 inhabitants to"5 'ehic(es per 1000 inhabitants and are (i%e(3 to ro/ e'en further in the comin

3ears. urthermore, in the 3ears (eadin up to 200;, traffic 'o(umes on the Cana(

oad ha'e ro/n to more than t/ice the e7istin road capacit3 of appro7imate(3

100,000 'ehic(es per da3, ma%in it one of the busiest roads in ahore.

!'i# that on account of immense increase in 'o(ume of traffic, the successi'e $ro'incia(

imesI and rdu ai(3 INa/a-e-atI andtenders /ere ca((ed from reputab(e companies ha'in reuisite s%i(( and e7perience to

carr3 out the &*A of the Cana( oad $roect. >/o consu(tin firms app(ied andu(timate(3 Nationa( &nineerin Ser'ices of $a%istan !BN&S$ADB# /as chosen as

consu(tants for carr3in out the &*A of the Cana( oad $roect.

!7# that &*A of the Cana( oad $roect /as du(3 prepared b3 the N&S$AD in ?anuar3

200 in accordance /ith $&$A, the e'ie/ of *&& and &*A eu(ations as /e(( as the

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!7i# that &*A eport e7p(ained in depth the rationa(e of the Cana( oad $roect, its

 benefits and a(so cautioned aainst its neati'e impact as it reuired cuttin do/n of 

trees ro/in a(on the riht of /a3 of the Cana( oad. *t a(so conducted a tree counta(on the Cana( oad in order to determine t3pe and number of trees reuired to be

remo'ed. or the said purpose, the Cana( Ean% is di'ided into three sections.

Accordin to the said report, appro7imate(3 ;0J of trees on the road are euca(3ptus!Sufaida# /hich accordin to it is not a nati'e tree of the countr3 and is rather 

ha6ardous because it consumes much uantit3 of /ater and thereb3 (o/erin the

/ater tab(e@ it causes soi( erosion of the adoinin areas@ the oi( re(eased from theroots of the euca(3ptus p(ant is %no/n to contaminate underround /ater reser'oirs@ it

does not ha'e an3 sinificant impact in remo'in air po((ution. *t does not support

nest(in for (oca( as /e(( as mirator3 birds and because of its neati'e en'ironmenta(

impact, the &$A constituted aCommittee of e7perts in terms of eu(ation 11 of the *&& and &*A eu(ations /ith

a 'ie/ to assist it in assessin the en'ironmenta( impact of the Cana( oad $roect.

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>he recommendations of said Committee of &7perts /ere considered b3 &$A-

$unab /hereafter it appro'ed the Cana( oad $roect 'ide appro'a( bearin No.

&*A=22=Cir=&*A="25 dated 19--200 !&n'ironmenta( Appro'a(#. >he said&n'ironmenta( Appro'a( (aid do/n strinent conditions for >&$A in underta%in the

construction phase of the Cana( oad $roect /herein some of the measures /hich

/ere directed to be underta%en are as fo((o/s-!a# strict adherence to the &n'ironmenta( Manaement $(an in order to minimi6e an3

neati'e impacts on soi(, round /ater, air and bio(oica( resources of the proect

area@

!b# strict comp(iance /ith the Nationa( &n'ironmenta( Kua(it3 Standards@

!c# the carr3in out of e7tensi'e tree p(antation, especia((3 indienous species in and

around the proect area in consu(tation /ith the $8A and to ma%e a(( arranements for 

the transp(antation of e7istin trees@ and

!d# the p(antation of four !4# trees ha'in ;- feet heiht for e'er3 sin(e uprooted tree.

!7i'# that on account of de(a3 in its imp(ementation, the cost of the Cana( oad $roecthas increased sinificant(3, the traffic conditions on the said road ha'e been

/orsenin=deterioratin in (ine /ith the traffic forecast of &*A eport submitted b3 N&S$AD and the Ms. *mrana >a/ana and respondent-$ro'incia(

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!'ii# Mr. Nadeem 8assan Asif, Commissioner ahore.

!'iii# r. Mira $hai(bus, former $rincipa(, Dinnaird Co((ee for omen.

. Fne of the petitioners name(3 Mr. Ahmad afa3 A(am /as

appointed as Secretar3 of the Committee. >he committee he(d se'era( meetins, made

'isits of the Cana( oad, so(icited the opinions of e7perts, carried out pub(ic hearins,considered the stand of E> and a(so of the his increase in popu(ation has p(aced --- and /i(( continue

to p(ace --- considerab(e stress on a'ai(ab(e housin stoc%, the se/ae and sanitationinfrastructure, hea(thcare faci(ities, education institutions and recreationa( spaces. >he

Committee noted /ith concern that the rapid ro/th of the cit3 has not been he(ped b3 the unp(anned mushroomin of pri'ate housin societies, industria( units and

hospita(s.

  >he Committee is of the 'ie/ that societies that do not anchor their ro/th on (on

term p(ans are aff(icted /ith the on-oin urban issues the cit3 of ahore is current(3facin. >he Committee e7amined the sa(ient features of the Master $(an for

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and ?*CA. *t /as a(so informed of the 'arious road enineerin proects under/a3 and

 p(anned b3 the he Committee is of the opinion that its proceedins are at(east one e7amp(e of the

e7ercise of such a riht and has proceeded /ith the intent and purpose of i'in the

cit3 of ahore bac% to the peop(e. *t appears imperati'e to mo'e to/ards pub(ictransportation and mandator3 schoo(=co((ee bus transportation to achie'e these oa(s

of socia( euit3 and thereb3 reducin traffic conestion.

( Re5ommendations

  >here /as a enera( consensus at the hearins that the present desin and enineerin

of the Cana( oad has serious f(a/s that contribute in no sma(( measure not on(3 totraffic conestion but a(so to road safet3 ha6ards.

  &'en if one /ere inc(ined to support the p(ea of the $unab he Committee cannot, in a(( oodconscience, be a part3 to the disappearance of the Cana( and its reen be(t.

  Eased on the opinions and /eiht3 enineerin data pro'ided b3 e7perts, the

Committee ma%es the fo((o/in recommendations

  1. ec(are the ahore Cana( Area to be a 8eritae rban $ar% 

  >he reen be(t a(on the ahore Cana( and on either side of the ahore Cana( oad,

from /here it beins near !?a((o# the EE-in% Cana( ti(( >ho%ar Nia6 Ee shou(d be

dec(ared a heritae urban par% under specia( (eis(ation drafted specifica((3 for this purpose. ec(arin the Cana( oad area a heritae urban par% /ou(d be to protect its

ecos3stem from further deradation, ma%e it accessib(e to the pub(ic and common

man as /e(( as for the purposes of contro((in traffic a(on the Cana( oad and for 

ta%in measures to c(ean the /ater that f(o/s in the ahore Cana(. A proposed draft of the ahore Cana( !8eritae rban $ar%# Act, 2011 is attached as Anne7ure 8. >he

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t/o underpasses bui(t in ahore and desined b3 N&S$AD, /ere not in accordance

/ith appropriate traffic enineerin so(utions and that these *ncorrect nderpasses

constitute a serious traffic safet3 ha6ard.

  >he *ncorrect nderpasses are incorrect(3 situated in the s(o/er=(eft (anes.

*nternationa( desin standards and con'entions stipu(ate that underpasses are to be

(ocated in the fast (ane. ue to this f(a/, the throuh traffic mo'ement to/ards the*ncorrect nderpasses is sudden(3 di'erted to the (eft (ane instead of f(o/in straiht

in the riht (ane as is the case /ith a(( the other underpasses (ater correct(3

constructed a(on the ahore Cana( oad. A diarammatic representation of the

desin f(a/ in the *ncorrect nderpasses is i'en be(o/

 

*t can be seen that for the throuh traffic mo'in in the riht=fast (ane, e(ectin to use

an underpass !red (ines# reuires an abrupt chane in (anes and a mo'e to the

s(o/er=(eft (anes. >his B/ea'inB creates a direct conf(ict /ith the traffic mo'in inthe s(o/ (ane, /hich is forced to danerous(3 tra'erse on to the riht (ane to/ards the

at-rade-unction=intersection.

  ast-mo'in traffic mo'in throuh and out of the *ncorrect nderpasses a(so meets/ith s(o/er 'ehicu(ar mo'ement comin from the at-rade-unction=intersection

!reen (ine#. esu(tant(3, the fast-mo'in traffic oin throuh and comin out of the

*ncorrect nderpasses criss-crosses /ith s(o/ mo'in traffic and creates direct

conf(ict points !red circ(es# instead of smooth /ea'in and merin. >his raisesserious road=traffic safet3 issues and destructs the smooth f(o/ of traffic. As Mr.

Dararnat ((ah Chaudhr3, former Manain irector, N&S$AD, e7p(ained, in an

emai( to the Committee dated " Ma3 2011

  >he reason * said the desin /as /ron /as based on the fact that in these t/o

underpasses at ?ai( and ero6epur oad, the traffic from the s(o/ (ane not /ishin to

enter the underpass has to cross the fast (ane if it /ants to e7it. Second(3, on the other side the traffic enterin the main f(o/ comin out of the underpass enters the fast

(ane. ... L*f the 'ehic(e is a ric%sha/ ho/ it can manae this.... >raffic /ishin to

(ea'e or enter a main f(o/ shou(d a(/a3s do so from=to s(o/ (ane, or the (ane on

the (eft. *f traffic enters the fast (ane, it is do/nriht danerous.

  >he *ncorrect nderpasses, therefore, need to be re-a(ined and reconstructed in

accordance /ith internationa((3 accepted desin standards and parameters.

  Simi(ar(3, the Committee noted that the b3passes at the ?innah and octorIs 8ospita(intersections reuired eometric impro'ements as the fast and s(o/-mo'in traffic do

not smooth(3 /ea'e and mere. >his causes traffic conf(ict points and creates traffic

safet3 ha6ards. A representation of the prob(em is i'en be(o/

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". e-enineer the ?unctions a(on the Cana( oad

  >here are, broad(3, t/o !2# cateories of intersections a(on the Cana(. >hese are

  !1# oads tra'ersin throuh the Cana( oad

  ith respect to these t3pes of intersections, the Committee noted the fact that, in a((,there /ere t/e('e !12# such intersections o'er the ahore Cana( and that se'era( of 

these intersections carried sinificant(3 hiher traffic 'o(umes across the Cana( oad

than the traffic that f(o/ed on the Cana( oad.

  >he straiht and turnin traffic mo'ement a(on the Cana( oad that does not o

throuh the underpasses a(so uses these intersections. *t /as obser'ed b3 theCommittee that the desined capacit3 of these intersections is not sufficient to

accommodate the (are traffic 'o(umes and that as a resu(t, there are bott(enec%s on

these intersections. *t is recommended that these intersections are re-mode((ed after a

traffic capacit3 ana(3sis and desined in accordance /ith standard eometric desin.>his /i(( he(p to ha'e a smooth f(o/ of traffic at these intersections and /i(( reduce

conestion. *n addition, sina(s a(on the corridor and at intersections o'er the Cana(

oad shou(d be u((3 actuated and traffic sinae shou(d be of internationa( standard.

  !2# oads and streets connectin to the Cana( oad  >hese roads and streets connect the Cana( oad and predominant(3 emanate from

housin schemes and indi'idua( houses. >he Committee noted that these /ereunp(anned access routes bui(t for a 'ariet3 of reasons, /hich pro'ide connecti'it3 to

the housin schemes or pri'ate residences a(on the Cana( oad. >he traffic enterin

and e7itin from these intersections s(o/s traffic mo'ement a(on the Cana( oad.

>his (eads to undue stoppaes and causes conestion.

  >he Committee is of the opinion that there shou(d not be direct connections of theCana( oad to housin schemes and pri'ate residences. >raffic enerated and

attracted b3 these housin schemes and residences reuires the construction of a

net/or% of ser'ice roads, preferab(3 in a one-/a3 (oop s3stem, /ith proper eometries to enab(e smooth /ea'in and merin of traffic from and onto the Cana(oad.

  A(so, bus ba3s constructed a(on the (enth of the Cana( oad reuire redesinin in

order to faci(itate the smooth entr3 and e7it of 'ehic(es and to minimi6e traffic

turbu(ence.

  4. Construct Ser'ice oads a(on Certain $arts of the Cana( oad

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  >he Committee specia((3 notes that there is no ser'ice road a(on the stretch of the

ahore Cana( from the octorIs 8ospita( intersection to >ho%ar Nia6 Ee. >he

absence of a ser'ice road a(on this stretch of the Cana( road corridor has resu(ted innumerous direct access roads, connectin the 'arious housin schemes and pri'ate

residences. >he direct traffic entr3 and e7it from these de'e(opments on to the Cana(

oad resu(ts in traffic conf(ict points, disrupts smooth f(o/ of traffic and causesconestion, de(a3s and accidents.

  >he Committee is of the opinion that there is an immediate reuirement to pro'ide a

one-/a3 (oop ser'ice road s3stem a(on the entire (enth of the Cana( oad !e7cept

the $unab ni'ersit3 premises bet/een the Campus underpass and the ?innah8ospita( underpass# /ith appropriate(3 desined smooth entr3 and e7it points to a'oid

traffic turbu(ence and conestion. *n addition, the Committee recommends that

housin schemes and academic institutions that ha'e absorbed ser'ice (anes /ithintheir boundaries or in 'io(ation of 6onin (a/s shou(d be approached to rectif3 this

mista%e. 8o/e'er, the Committee a(so noted that some of these measures are a(read3

 bein underta%en b3 the $unab his

number shou(d be increased. Apart from increasin the number of buses, the $unab

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  >here is need for a rapid mass transit s3stem. >his /ou(d be p(annin in the riht

direction for a maor urban metropo(is. A pictoria( representation of the effect of 

 potentia( pub(ic transport on reduction of traffic conestion is i'en be(o/

  . i'ert the >hrouh->raffic on the Cana( oad onto Ne/ >raffic Corridors

  >he Committee noted that the main entr3 and e7it traffic hub for the cit3 of ahore

/as to/ards its northern side from Shandara a(on the . oad !N-5#. >his is due tothe up and do/n countr3 traffic mo'ement and the hea'3 inf(u7 from nearb3

he traffic conestion on the Cana( Ean% oad is a(read3 bein re(ie'ed b3 recentcomp(etion=construction=p(annin of the Northern oop of the in oad and Mu(tan

oad. *t is imperati'e that the Southern E3pass connectin ero6epur oad be

comp(eted soonest.

  A pictoria( representation of the di'ersion to other=ne/ traffic corridors is i'en be(o/

 

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  A detai(ed description of the broad o'era(( p(annin uide(ines for the cit3 of ahore

can be seen in Mr. mar arooIs presentation !Anne7ure =10# and to a summar3 of the same pro'ided for in Anne7ure he

Committee is of the 'ie/ that the (enth of the ahore Cana( throuh the Ne/Campus of the $unab ni'ersit3 is of a particu(ar(3 sinificant nature and that efforts

to reduce traffic conestion a(on this (enth of the Cana( oad /as most important.Accordin(3, i'en the status of the educationa( institution, the Committee

recommends that the (enth of the ahore Cana( and Cana( oad a(on and throuhthe Ne/ Campus of the $unab ni'ersit3 shou(d be dec(ared a specia( traffic ca(min

6one /here a much (o/er speed (imit, coup(ed /ith speed brea%ers and other traffic

ca(min de'ices, shou(d be enforced.

  9. >reat the ahore Cana( in a 8o(istic Manner 

  >he Committee /as mindfu( that its terms of reference e7tended a(on the ahore

Cana( on(3 from the harampura underpass to the >ho%ar Nia6 Ee o'erpass.8o/e'er, the Committee /as of the opinion that the traffic manaement and urban

 p(annin issues of ahore /ere such that the Cana( oad shou(d be considered in itsentiret3 from /here it beins near the EE-in% Cana( throuh the >ho%ar Nia6 Eeo'erpass. A ho(istic 'ie/ of the cit3 /as necessar3 and this cou(d on(3 be done if the

ahore Cana( is percei'ed /ithin the o'era(( comprehensi'e future of ahore and its

surroundins.

  10. Noise $o((ution

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  >he Committee a(so reconi6ed that the increasin traffic on the ahore Cana( oad

/ou(d create hue noise and air po((ution in the 3ears to come. >he present noise

(e'e(s a(read3 reuire some mitiation measures such as the use of noise pads for adoinin residentia( co(onies, hospita(s, and schoo(s. Eut the trend to %eep addin

more traffic (anes to meet increasin traffic o'er 3ears /ou(d reduce the ahore Cana(

corridor to an unacceptab(e nois3 and po((uted part of ahore. >he CommitteeIsrecommendations are shaped b3 this 'ision of the future.

  11. &cos3stem $reser'ation

  *n his presentation, Stud3 of Some >ree Species in Cana( Ean% Area --- >he onhe Committee /as of the opinion that the eco(oica( heritae represented b3 the

Cana( shou(d be preser'ed for future enerations of ahoris to eno3.

  12. C(eanin and *mpro'in ater Kua(it3 of Cana(

 

>he sources of eff(uent, se/ae and /aste into the ahore Cana( shou(d be identified.Ci'i( societ3 as /e(( as o'ernment aencies shou(d team up to c(ean the ahore

Cana( so that e7posure to its /ater is not harmfu( or danerous to hea(th and /ith an

aim of brinin the ua(it3 of the /ater of the ahore Cana( to the minimum

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uide(ines determined b3 the or(d 8ea(th Frani6ation for recreationa( /ater use.

>he Committee /as inspired b3 the e7amp(es of ci'i( societ3 and o'ernment

initiati'es in c(eanin up the Eoston 8arbour in the SA and the Cheon3echeonStream in Seou(, South Dorea.

>he Cheon3echeon Stream before and after its reenin

  1". $eop(e-Centric $(annin

  >he Committee noted that the urban p(annin aenda current(3 in p(ace is hea'i(3 in fa'our of automobi(e

induced urban spra/(. Spra/( is resource inefficient and ta%es a/a3 from /hat

the Committee be(ie'es shou(d be the inspiration for urban p(annin andde'e(opment the peop(e of the cit3. >he Committee /ou(d (i%e to recommend a

chane in the urban aenda to inc(ude a more peop(e friend(3 and peop(e-centric

de'e(opment. $edestrians and c3c(ists are routine(3 inored in road p(annin. >hisorientation needs to be ba(anced.

  14. estorin Communa( ife on Cana( 

ith reference to ecommendation 1" abo'e, the Committee appreciated the effortsof Mr. Abdu( ?abbar Shaheen in creatin peop(e-friend(3 en'ironments a(on the

Cana( oad particu(ar(3 near harampura. >he siht of the common man eno3inrecreationa( faci(ities, so ab(3 put in p(ace b3 Mr. ?abbar, is a

reat e7amp(e of ho/ sma(( efforts can restore communa( (ife in our cities. >h

e Committee recommends the addition of such recreation spots a(on the entire(enth of the Cana( so as to promote and protect democratic socia( interaction. *n

addition, and in furtherance of ecommendations 12 and 1", the Committee

recommends the introduction and imp(ementation of a month(3 Bcar free da3B a(onthe Cana(

oad. Such an e'ent can be orani6ed in se(ected sectors of the Cana( Ean%  

oad, on a rotationa( basis, /ith the assistance of the (oca( administration and/ou(d in'o('e dec(arin the ahore Cana( a Bcar freeB pedestrian 6one bet/een i'entimes of the da3, promotin 'arious sports and recreationa( acti'ities a(on the Cana(

and encourain residents and citi6ens to participate. >his needs to be p(anned around

a'ai(ab(e par%in faci(ities. >he c(eaner /aters of the Cana( /ou(d be rec(aimed as the(arest urban s/immin poo( and a month(3 ahore Cana( BCarni'a(B=Meena Ea6aar 

de'e(oped around the Bcar free da3B /ou(d soon de'e(op into the cit3Is most used

 par%.

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&7amp(e of the $8AIs /or% a(on the Cana( oad

near harampura=Sha(imar nderpasses

  15. $ub(ic $articipation in ahore Cana( he Committee is of the 'ie/ that this enormous ood/i(( shou(d beharnessed for the reater ood of this and future enerations of ahoris and that, to

this end, an Ad'isor3 Committee shou(d be estab(ished for the purposes of 

imp(ementin and o'erseein the recommendations of the Committee. >his isinc(uded in Chapter *** of the proposed ahore Cana( !8eritae rban $ar%# Act, 2011

!Anne7ure 8#.

  1;. Ambu(ance=Medica( &merencies

  >he officia(s of escue 1122 emerenc3 ser'ices repeated(3 stressed the importance

of remo'in encroachments a(on the Cana( oad and ensurin a smooth f(o/ of 

traffic at a(( times for the purpose of faci(itatin emerenc3 'ehic(es ta%in patients tohospita(s. >he officia(s /ere of the 'ie/ that /hi(e it /as acceptab(e that a(ternati'e

routes to hospita( and hea(thcare faci(ities shou(d be identified and de'e(oped in the

(on term, there /as a stron need for a short term so(ution to the conestion a(onthe Cana( oad such as se(ected /idenin of the oad.

  1. imited idenin of oad

  >he tota( distance on one side of the Cana( oad from harampura to >ho%ar Nia6Ee is 14.5 %m. Fut of these different sections, ;.59 %m road has a(read3 been

/idened before the reference of this matter to mediation.

  >he conestion on the remainin about %m is particu(ar(3 acute in certain (ocations,

(eadin not on(3 to pro(oned de(a3s but a(so causin safet3 ha6ards because

ambu(ances and rescue 'ehic(es are cauht up in traffic and unab(e to mo'e s/ift(3.

  >he Committee, after a detai(ed site 'isit to these stretches of the Cana( oad anddiscussion /ith the concerned officia(s, recommends that this short-term conestion

can be re(ie'ed to some e7tent if the third (ane is a((o/ed to be added at the fo((o/in

(ocations on both sides of the Cana(

Ma(( oad to ?ai( oad ... 525 M !&astern#

  4;0 M !estern#

?ai( oad to .C. Co((ee... 550 M !&astern#

  550 M !estern#

ni'ersit3 Campus to ?innah 8ospita(... 1,00 M !&astern#

  1,00 M !estern#

?innah 8ospita( to octors 8ospita(... 00 M !&astern#

  50 M !estern#

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  >hese stretches tota((in a ma7imum of ".525 %m on each side, as sho/n in Anne7ure

?=1 to ?=4, ha'e ;42 trees. And ;0J !about "5# of these trees are of euca(3ptus

specie. &'er3 effort shou(d be made to bui(d the third (ane in these stretches on theedes of the e7istin road to reduce to a minimum the area ta%en from the reen be(t

on both sides of the Cana( oad.

  >he (ast stretch from octors 8ospita( to >ho%ar Nia6 Ee !2.; DM# is ettinincreasin(3 conested because of the 'o(ume of traffic enerated from housin

co(onies (i%e M.A. ?ohar >o/n and a (are number of other co(onies be3ond >ho%ar 

 Nia6 Ee and areas on and around ai/ind oad. 8o/e'er, /ith the construction of 

ser'ice roads, as per ecommendation No. 4, the f(o/ on the Cana( oad can bereduced. *n addition, some impro'ement can be achie'ed /ithout encroachin on the

reen be(t, if the trees on the edes of the road causin bott(enec%s !about 4;0 trees

inc(udin about "10 euca(3ptus# !Anne7ure D#, are remo'ed to impro'e earthenshou(ders and bus ba3s are pro'ided at suitab(e points. >he Committee does not

recommend the /idenin of the Cana( oad throuh a third (ane in this stretch.

  or each tree fe((ed in an3 sector of the ahore Cana( oad, the $unab ho%ar Nia6 Ee in the fo((o/in, sector-

specific recommendations

  !1# ?a((o Mor to harampura nderpass

  >he Committee recommends a moratorium on a(( ne/ commercia( acti'it3 and dra/sattention to the onoin unp(anned de'e(opment and encroachment !of reen be(t#

acti'it3 in this sector. Ser'ice roads in this sector deser'e specia( attention.

  >he $unab

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  >he Committee is of the opinion that entr3 and e7it points a(on this sector ma3 be

stream(ined to promote smooth entr3 and e7it from the Cana( oad and to minimi6e

traffic turbu(ence.

  !4# ?ai( oad nderpass to .C. Co((ee nderpass

  *n addition to its ecommendation No. 2 abo'e, the Committee recommends theenforcement of (and-use and 6onin (a/s in the areas adacent to the ahore Cana( inthis sector.

  !5# Campus nderpass to ?innah nderpass

  As per the recommendation of the Committee, this sector of the Cana( /i(( be subectto traffic di'ersions to Mu(tan oad on the north of the Cana( and smani oad on

the South of Cana(. Appropriate sinae /i(( a(so be necessar3 to announce these

di'ersions. >hese di'ersions /i(( a(so benefit from the sina( free corridor beinconstructed at Da(ma Cho/% for traffic f(o/in from o/n to ibert3 Mar%et.

  !;# ?innah nderpass to >ho%ar Nia6 Ee

  >he Committee reiterates its ecommendation No. abo'e, name(3 that traffic to the

F(d CE and Ne/ CE shou(d be di'erted from the Cana( oad and onto the Mu(tanoad and the Southern E3pass respecti'e(3. >he Committee a(so recommends the

construction of radia(=arteria( roads a(on a north/est-southeast a7is as proposed b3

the 1991 ?*CA ahore rban >ransport Master $(an. >hese radia(=arteria( roads /i((a(so assist in di'ertin traffic from the Cana( oad as en'isaed in ecommendation

 No. 4 abo'e.

  >he Committee is a(so of the 'ie/ that the resu(ts of the current ahore rban>ransport Master $(an stud3 bein conducted b3 the >ransport epartment of the

ho%ar Nia6 Ee

  >he Committee recommends a moratorium on ne/ commercia( de'e(opment as /e(( achec% on unp(anned de'e(opment a(on this sector of the ahore Cana( ust as it

recommended in No.!1# abo'e.

8. Conc(usions

  *n conc(usion, the Committee points out that its ecommendations form a comp(ete pac%ae /ith each component inter(in%ed and comp(ementin each another. >he

Committee is of the opinion that the strenth and /eiht of its recommendations /i((

 be di(uted if there is an3 Bcherr3 pic%inB of its recommendations. >heimp(ementation of the ecommendations shou(d be o/ned b3 the

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the Committee and some re(ated to inc(usion of three members /ho accordin to petitioner,

ha'e po(itica( affi(iations /ith the $ro'incia( , Ms.

*mrana >ia/ana ho/e'er, candid(3 stated that she areed /ith 95J of the recommendations

made b3 Mediation Committee but too% serious e7ception to C(ause 1 of therecommendations /herein the /idenin of road has been increased from initia( 1.5 %m to ".5

%m /ithout an3 reason. >his /idenin /as opposed b3 the petitioner as accordin to her,

after adoption of the proposed 8eritae $ar% Act and the recommended po(ic3 for the Cana(oad as suested b3 the Mediation Committee, there /ou(d be no need for /idenin of the

road because the a(ternate measures proposed b3 the Mediation Committee /ou(d so('e the

traffic conestion and other re(ated issues. >he recommended measures inc(ude impro'ement

of unctions, better traffic manaement s3stems, better uti(i6ation of ser'ice roads,comp(etion of other traffic re(ated proects such as the rin road and southern b3pass, and the

impro'ement of pub(ic urban transport, creation of Bo s(o/B areas and the impro'ement of 

the secondar3 and tertiar3 road net/or% etc. /i(( ob'iate the need of /idenin the Cana(

oad.10. Mr. Arif 8assan /ho represented the petitioners in the Mediation Committee a(so

obected on(3 to the proposed /idenin. 8e /as of the 'ie/ as fo((o/s--

  B* fu((3 endorse the conceptua( frame/or% of mediation report and recommendations1 to 1;. 8o/e'er, * do not endorse recommendation 1 and fee( the recommendations

in item 1 shou(d be subser'ient to concept of not /idenin an3 (enth of Cana( Ean% 

Corridor .......

  >he (oss of ".525 %i(ometers of e7ceptiona((3 beautifu( (andscape and f(ora shou(d, in

m3 opinion, not be permitted simp(3 because of automobi(e pressure. * /ou(d o a

step further and sa3 that the some of the areas (ost to automobi(e a(on the Cana(

Ean% can be rec(aimed /ithout increasin traffic conestion.B

11. 8a'in considered the submissions made b3 petitioners, (earned counse( for the

 parties, the report submitted b3 the Mediation Committee and the precedent case-(a/ re(ied

upon, the issues /hich crop up for consideration broad(3 spea%in are as fo((o/s--

!i# hether the Cana( oad $roect is 'io(ati'e of the $a%istan &n'ironmenta( $rotection

Act !$&$A# and the reu(ations framed thereunderH

!ii# hether the appro'a( ranted b3 the &n'ironmenta( $rotection Authorit3-$unab

!&$A-$unab# /as mechanica( at the as%in of the

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 procedure, fai(in /hich the initia( en'ironmenta( e7amination or, as the case ma3 be,

the en'ironmenta( impact assessment sha(( be deemed to ha'e been appro'ed, to the

e7tent to /hich it does not contra'ene the pro'isions of this Act and the ru(es andreu(ations made thereunder.

  2= Po>er to de"e?ate---!1# >he edera( en paper copies and t/o e(ectronic copies of an *&&

or &*A sha(( be fi(ed /ith the edera( Aenc3.

  !2# &'er3 *&& and &*A sha(( be accompanied b3---

  !a# an app(ication, in the form prescribed in Schedu(e *+@ and

  !b# cop3 of receipt sho/in pa3ment of the e'ie/ ee.

  10 Pu#"i5 parti5ipation---!1# *n the case of an &*A, the edera( Aenc3 sha((,simu(taneous(3 /ith issue of confirmation of comp(eteness under c(ause !a# of sub-

reu(ation !1# of eu(ation 9, cause to be pub(ished in an3 &n(ish or rdu nationa(

ne/spaper and in a (oca( ne/spaper of enera( circu(ation in the area affected b3 the

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 proect, a pub(ic notice mentionin the t3pe of proect, its e7act (ocation, the name

and address of the proponent and the p(aces at /hich the &*A of the proect can,

subect to the restrictions in subsection !"# of section 12, be accessed.

  !2# >he notice issued under sub-reu(ation !1# sha(( fi7 a date, time and p(ace for 

 pub(ic hearin of an3 comments on the proect or its &*A.

  !5# A(( comments recei'ed b3 the edera( Aenc3 from the pub(ic or an3

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  !b# before commencin operation of the proect, obtain from the edera( Aenc3

/ritten confirmation that the conditions of appro'a(, and the reuirements in the

*&&=&*A re(atin to desin and construction, adoption of mitiator3 and other measures and other re(e'ant matters, ha'e been du(3 comp(ied /ith.B

15. An e7amination of the materia( p(aced before this Court re'ea(s that the afore-referred

 pro'isions of the Act and the eu(ations framed thereunder /ere strict(3 comp(ied /ith.Admitted(3, the proect desined

 b3 >&$A /as initia((3 appro'ed b3 the $ro'incia( his fa((out, it /as contended, /ou(d be 'io(ati'e of the undamenta( iht to ife !Artic(e 9

of the Constitution# and ma3 a(so ha'e the effect of deradin human e7istence !'io(ation of 

Artic(e 14 of the Constitution#. >he Courts in a(most a(( (ibera( democracies ha'e i'en ane7panded meanin to the undamenta( iht to ife in the /a%e of ro/in urbani6ation and

the en'ironmenta( chanes that it brins. i(atin on the ambit of fundamenta( riht of riht

to (ife, this Court in Sheh(a :ia '. A$A !$ 1994 SC ;9"# he(d as fo((o/s--

  BArtic(e 9 of the Constitution pro'ides that no person sha(( be depri'ed of (ife or (ibert3 sa'e in accordance /ith (a/. >he /ord I(ifeI is 'er3 sinificant as it co'ers a((

facts of human e7istence. >he /ord I(ifeI has not been defined in the Constitution but

it does not mean nor can it be restricted on(3 to the 'eetati'e or anima( (ife or meree7istence from conception to death. ife inc(udes a(( such amenities and faci(ities

/hich a person born in a free countr3, is entit(ed to eno3 /ith dinit3, (ea((3 and

constitutiona((3. or the purposes of present contro'ers3 suffice to sa3 that a person is

entit(ed to protection of (a/ from bein e7posed to ha6ards of e(ectromanetic fie(ds

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or an3 other such ha6ards /hich ma3 be due to insta((ation and construction of an3

rid station, an3 factor3, po/er station or such (i%e insta((ations. nder the common

(a/ a person /hose riht of easement, propert3 or hea(th is ad'erse(3 affected b3 an3act or omission or commission of a third person in the neihborhood or at a far off 

 p(ace, is entit(ed to see% an inunction and a(so c(aim damaes, but the Constitutiona(

rihts are hiher than the (ea( rihts conferred b3 (a/ be it municipa( (a/ or thecommon (a/. Such a daner as depicted, the possibi(it3 of /hich cannot be e7c(uded,

is bound to affect a (are number of peop(e /ho ma3 suffer from it un%no/in(3

 because of (ac% of a/areness, information and education and a(so because suchsufferance is si(ent and fata( and most of the peop(e /ho /ou(d be residin near,

under or at a danerous distance of the rid station or such insta((ation do not %no/

that the3 are facin an3 ris% or are (i%e(3 to suffer b3 such ris%. >herefore, Artic(e 14

can be in'o%ed because a (are number of citi6ens throuhout the countr3 cannotma%e such representation and ma3 not (i%e to ma%e it due to inorance, po'ert3 and

disabi(it3. Fn(3 some conscientious citi6ens a/are of their rihts and the, possibi(it3

of daner come for/ard and this has happened so in the present case. Accordin to

F7ford dictionar3, I(ifeI meant state of a(( functiona( acti'it3 and continua( chane pecu(iar to orani6ed matter and specia((3 to the portion of it constitutin an anima( or 

 p(ant before death and animate e7istence.B

  *n E(ac%Is a/ ictionar3, I(ifeI means Bthat state of anima(s, humans, and p(ants or 

of an orani6ed bein, in /hich its natura( functions and motions are performed, or in

/hich its orans are capab(e of performin their functions. >he inter'a( bet/een birth

and death. >he sum of the forces b3 /hich death is resisted..........BifeB protected b3the edera( Constitution inc(udes a(( persona( rihts and their eno3ment of the

facu(ties, acuirin usefu( %no/(ede, the riht to marr3, estab(ish a home and brin

up chi(dren, freedom of /orship, conscience@ contract, occupation, speech, assemb(3and pressB.

  >he Constitutiona( a/ in America pro'ides an e7tensi'e and /ide meanin to the

/ord I(ifeI /hich inc(udes a(( such rihts /hich are necessar3 and essentia( for (eadina free, proper, comfortab(e and c(ean (ife. >he reuirement of acuirin %no/(ede, to

estab(ish home, the freedoms as contemp(ated b3 the Constitution, the persona( rihts

and their eno3ment are nothin but part of (ife. A person is entit(ed to eno3 his

 persona( rihts and to be protected from encroachments on such persona( rihts,freedom and (iberties. An3 action ta%en /hich ma3 create ha6ards of (ife /i(( be

encroachin upon the persona( rihts of a citi6en to eno3 the (ife accordin to (a/. *n

the present case this is the comp(aint the petitioners ha'e made. *n our 'ie/ the/ord I(ifeI constitutiona((3 is so /ide that the daner and

encroachment comp(ained of /ou(d impine fundamenta( riht of a citi6en. *n this

'ie/ of the matter the petition is maintainab(e.B

1. >he Cana( oad $roect is neither a p(ant omittin ha6ardous ases nor re(easin po((utants in the cana( /ater. *t aims at /idenin the road on both sides of the Cana( Ean% 

/hich of necessit3 /ou(d cause some damae to the reen be(t and thereb3 affect

en'ironment. >he apprehended chane or damae /hich has neither been uantified nor ascertained per se ma3 not be 'io(ati'e of undamenta( iht of iht to ife !Artic(e 9 of 

the Constitution# un(ess it is sho/n b3 p(acin incontro'ertib(e materia( before this Court

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that it /ou(d (ead to ha6ardous effects on en'ironment and eco(o3 to an e7tent@ that it /ou(d

serious(3 affect human (i'in. A c(ose perusa( of Cana( oad $roect indicates that before its

appro'a(, >&$A referred the matter to N&S$AD /hich carried out the reuisite studies andafter detai(ed ana(3sis came to the conc(usion that the Cana( oad $roect is en'ironmenta((3

'iab(e@ that on(3 100 trees /ou(d be cut as aainst the apprehension that it /ou(d (ead to

cuttin of ""000 trees@ that ;0J of the trees /hich are (i%e(3 to be affected are euca(3ptus/hich are e'en other/ise not beneficia( to the soi( and en'ironment. >he &*A eport a(so

ref(ects that feasibi(it3 of other a(ternati'e so(utions suested to combat traffic conestion

/ere considered b3 it and it /as found that the proect prepared b3 >&$A /as most feasib(e.*t a(so suested mitiati'e measures and precautions to ensure that there /as minimum

damae to eco(o3 and en'ironment of the area. >he arument that the /idenin of roads on

 both side of the Cana( /ou(d be de'astatin and /ou(d ha'e irreparab(e effects on eco(o3

has been attended to, both /hi(e rantin en'ironmenta( c(earance b3 the competentauthorit3 and a(so b3 the report of the Mediation Committee. &'er3 proect of this %ind

/ou(d ha'e some ad'erse impact on en'ironment but that /ou(d be ne(iib(e as compared

to the ame(iorati'e effects it is e7pected to ha'e on traffic conestion and con'enience of 

commuters and on impro'ement in traffic safet3 (e'e(s. hen cha((ene is thro/n to such proects, the Courts ha'e to ta%e into consideration the issues and prob(ems that /ou(d

remain unreso('ed and the resu(tant hardship of the peop(e if the road is not /idened and proect is sta3ed. >he eco(oica( and en'ironmenta( concerns, on the one hand, and hardship

of the cit3 commuters, on the other, faced /ith traffic conestions pose a di(emma. A ba(ance

needs to be struc% bet/een these t/o competin issues. >he Courts ma3 not be idea((3 suitedfor stri%in such a ba(ance because such an e7ercise /ou(d entai( factua( enuir3, research

/or% and e7pert %no/(ede of specia(ists in the re(e'ant fie(d. >he Court noted that /hen

 N&S$AD carried out the reuisite &*A, it he(d pub(ic hearin, considered the obections of 

the petitioners, e7amined the a(ternati'e so(utions suested and found that the proect inhand /as preferab(e to a(( other so(utions suested. >he report submitted b3 N&S$AD in

turn /as p(aced before the &$A-$unab, /hich ranted appro'a( and en'ironmenta( c(earance

to the Cana( oad $roect. >his appro'a( /as neither mechanica( nor /ithout consciousapp(ication of mind, rather the precautionar3 princip(es of en'ironmenta( reu(ations

reiterated b3 this Court in Sheh(a :ia Supra /ere fu((3 %ept in 'ie/.

1. Conscious of some chane /hich ma3 be caused in en'ironment, some of the

measures=conditions recommended b3 &$A-$unab /hi(e rantin en'ironment c(earance are

as fo((o/s--

!a# strict adherence to the &n'ironmenta( Manaement $(an in order to minimi6e an3

neati'e impacts on soi(, round /ater, air and bio(oica( resources of the proect

area@

!b# strict comp(iance /ith the Nationa( &n'ironmenta( Kua(it3 Standards@

!c# the carr3in out of e7tensi'e tree p(antation, especia((3 indienous species in and

around the proect area in consu(tation /ith the $8A and to ma%e a(( arranement for 

the transp(antation of e7istin trees@ and

!d# the p(antation of four !4# trees ha'in ;- feet heiht for e'er3 sin(e uprooted tree.

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19. *n the afore-referred circumstances, in our udment, the appro'a( of the Cana( oad

$roect /as ranted /ith conscious app(ication of mind considerin a(( re(e'ant materia( and

the attendin circumstances. >he Cana( oad $roect neither contra'enes undamenta( ihtof iht to ife !Artic(e 9# nor the iht to 8uman init3 !Artic(e 14#.

'ssue $o 6ii

!'ii# hether the proect entai(in /idenin of the road on both sides of the Cana(, /hich

/ou(d ha'e the effect of reducin the area of reen be(t, is 'io(ati'e of the octrine of $ub(ic

>rustH

20. >he concept of $ub(ic >rust is as o(d as the orani6ed human (i'in and the ad'ent of State. >his concept appeared in codified (a/ for the first time durin the oman &mpire.

oman &mperor ?ustinian codified the (a/ in Corpus ?uris Ci'i(is about 1500 3ears ao. >he

enesis of this concept /as (aid b3 ?ustinian in 529 EC in a section of the said Code in these/ords BE3 the (a/ of nature these thins are common to a(( man%ind, the air, runnin /ater,

the sea and conseuent(3 the shores of the seaB. Much after the fa(( of the oman &mpire, the

Corpus ?uris Ci'i(is /as redisco'ered in $isa and the concept spread throuhout &urope. *n

&n(and this concept /as codified in the Mana Carta and in 1225 Din ?ohn /as forced tore'o%e his croniesI e7c(usi'e fishin and huntin rihts, because this 'io(ated the pub(icIs

riht to access these common resources. >hereafter, it became a part of the Common a/ andtra'e(ed to .S. durin its foundin 3ears. As part of the Common a/ tradition, it became a

concept of udicia( comment for the first time in 121 in .S. in the case of Arno(d '. Mand3

!;N.?..1, 5" !121# /herein it as he(d--

  B.....the o'ernment cou(d not, Bconsistent(3 /ith the princip(es of the (a/ of natureand the constitution of a /e(( ordered societ3, ma%e a direct and abso(ute rant of the

/aters of the state, di'estin a(( the citi6ens of their common riht.B

21. >his /as fo((o/ed b3 another case *((inois Centra( ai(road '. *((inois !14; .S. "

!192# /herein the Supreme Court th/arted the attempt of the e7ecuti'e to i'e the entire(a%eshore to a pri'ate rai(road. >he Supreme Court he(d that

  B........ a tit(e he(d in trust for the peop(e of the State that the3 ma3 eno3 the

na'iation of the /aters, carr3 on commerce o'er them, and ha'e (ibert3 of fishintherein freed from the obstruction or interference of pri'ate parties.B

22. Accordin to $rofessor a'id >a%acs !B>he $ub(ic >rust octrine, &n'ironmenta(

8uman ihts, and the uture of $ri'ate $ropert3B, !http==///.ie(rc.or=content=a004.pdf#,the afore-referred case is semina( as it p(a3ed a pi'ota( ro(e in the e'o(ution of $ub(ic >rust

octrine in American urisprudence and its three e(ements are !i# the so'erein ho(ds certain

resources in trust for the common ood@ !ii# the

 pub(ic has some %ind of riht to protection of these resources and !iii# /hi(edemocrac3 ma3 seem sub'erted /hen a court o'erru(es the acts of e(ected officia(s, such

 udicia( acts in fact ser'e democrac3 b3 preser'in rihts in'ested in a(( the peop(e.

2". >he academic debate on this concept /as (aid b3 $rofessor  

?oseph Sa7 and accordin to one estimation, it /as he /ho re'i'ed a dormant areaof (a/ /hich no/ continues to be re(ied upon b3 the courts in se'era( urisdictions.

F'er the 3ears it has come to ser'e t/o purposes first, it mandates affirmati'e State action

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for the effecti'e manaement of natura( resources, and, second, it enab(es the citi6en to

uestion the decision ma%in in the manaement of those resources. *t uarantees pub(ic

access to pub(ic trust resources and a(so adds an e(ement of accountabi(it3 in ho/ the Statetreats these resources.

24. >he concept of pub(ic trust has i'en birth to ne/ area of urisprudence i.e. to treat

en'ironmenta( rihts as undamenta( 8uman ihts. $rofessor ?oseph . Sa7 in his Artic(etit(ed as B>he $ub(ic >rust octrine in Natura( esource a/@ &ffecti'e ?udicia(*nter'entionB !http==///.u'm.edu=Of(omenh=$A"95-CMN-ASS>S=artic(es=sa7.pdf#

 ustified the doctrine b3 ho(din that, Bsome pub(ic interests in the en'ironment are

intrinsica((3 important, the ifts of natureIs bount3 ouht not be constrained for pri'ate use,and some uses of nature are intrinsica((3 inappropriateB. >he ad'ocates of en'ironmenta(

human rihts can'ass that c(ean /ater or c(ean air or functionin ecos3stems are rihts

 because human (ife cannot e7ist /ithout them@ these ifts of natureIs bount3 ouht not betraded a/a3 for the use of pri'ate entities at the e7pense of /hat is essentia( to e'er3 sin(e

humanIs (ife.

25. Courts in man3 urisdictions ha'e sanctified the en'ironmenta( human rihts b3raisin en'ironmenta( concerns and b3 euatin them /ith other undamenta( ihts. >he

inno'ati'e approach a'e an e7tended meanin to the undamenta( iht of iht to ife.or instance, in *ndia the undamenta( iht of iht to ife !Artic(e 21 of the *ndian

constitution# /hich dec(ares that no person sha(( be depri'ed of his (ife or persona( (ibert3

e7cept accordin to procedure estab(ished b3 (a/ /as interpreted to inc(ude the riht tohea(th3 en'ironment and ecos3stem as the3 u(timate(3 effect to the iht to ife. *n ura(

iti. and &ntit(ement Dendra '. State of ttar $radesh !A* 195 SC ;52, ;5;#, the

Supreme Court of *ndia stopped unauthori6ed minin causin en'ironmenta( damae b3obser'in that said order /as imperati'e for protectin and safeuardin the rihts of the

 peop(e to (i'e in a hea(th3 en'ironment /ith minima( disturbance of eco(oica( ba(ance.

2;. *n Charan a( Sahu '. nion of *ndia !Ehopa( isaster case# !A* 1990 SC 140#,this 'ie/ /as reiterated. *n M.C. Mehta '. Dama( Nath !199 1 S.C.C. "#, the Courtstopped a de'e(oper to bui(d a mote( at the mouth of a ri'er b3 propoundin the pub(ic trust

doctrine and he(d that--

  BLthe notion that the pub(ic has a riht to e7pect certain (ands and natura( areas to

retain their natura( characteristic is findin its /a3 into the (a/ of the (and.B

2. *n M.*. Eui(ders $'t. td. '. adhe3 Sh3am Sahu !1999 S.C.C. 4;4#, the SupremeCourt of *ndian for the first time hitched the $ub(ic >rust octrine to the constitutiona((3

uaranteed riht to (ife.

2. *n >h.  Mara Sinh '.  *ndian Fi( Co. !A* 1999 ?GD 1#,the Court ranted a manufacturin p(ant to be constructedconditiona((3 on(3 if the rust octrine duties to ensure

that a(( possib(e po((ution safeuards /ere imp(emented.

29. *n $a%istan, the Supreme Court as ear(3 as 1994 in Sheh(a :iaIs case !$ 1994 SC;9"#, interfered /ith the construction of an e(ectricit3 rid station /here it /as apprehended

that it /ou(d cause damae to the safet3 of human beins and to the en'ironment b3

e7tendin the meanin of undamenta( iht of iht to ife.

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"0. *n Mou('i *ba( 8aider '. Capita( e'e(opment Authorit3 !$ 200; SC "94#, the

Supreme Court stopped the con'ersion of a pub(ic par% into a commercia( proect !Mini hus, it is he(d that ?ubi(ee $ar% /as

earmar%ed in the oriina( scheme of Sector -, as it /as meant for (o/ income

roup, /ho are depri'ed of the benefits of ha'in their o/n pri'ate ardens,comparin to hiher income roups, therefore, con'ertin such $ar%s for commercia(

acti'it3 /ith the co((aboration of  mu(tinationa( companies, /ou(d den3 the rihts uaranteed to them.B

"1. South Africa is one of those fe/ countries /here the &n'ironmenta( ihts ha'e been

 protected as undamenta( 8uman ihts in the Constitution. *n terms of section 24 of the

Ei(( of ihts, it has been uneui'oca((3 dec(ared that e'er3one has the riht !a# to anen'ironment that is not harmfu( to their hea(th or /e((-bein@ and !b# to ha'e the en'ironment

 protected, for the benefit of present and future

enerations, throuh reasonab(e (eis(ati'e and other measures that !i# pre'ent po((ution

and eco(oica( deradation@ !ii# promote conser'ation@ and !iii# secure eco(oica((3sustainab(e de'e(opment and use of natura( resources /hi(e promotin ustifiab(e economic

and socia( de'e(opment.

"2. >he afore-referred sur'e3 of the academic, udicia( pronouncements andConstitutiona( pro'isions indicate that the concept of $ub(ic >rust octrine is increasin(3

 becomin part of the urisprudence in se'era( urisdictions and &n'ironmenta( 8uman ihts

are bein c(assified as undamenta( 8uman ihts. Eut /hat are the parameters of thisconceptH 8o/ far the pub(ic or pri'ate proect can be sta((ed b3 in'o%in this concept and to

/hat e7tent the pub(ic use of a trust resource can be con'erted to pri'ate use or for a

different pub(ic purposeH >his aspect has a(so been a subect of academic comment. $rof.Serena A. i((iams in his artic(e tit(ed as BSustainin rban rust octrineHB !http==/or%s.bepress.com=serenaP/i((iams=2=#(a3s do/n t/o broad approaches the (eis(ati'e approach /hich prohibits the a(ienation or 

di'ersion of resource /ithout p(ain and e7p(icit (eis(ation to that end and second thesubstanti'e test approach. >he (atter approach consists of fi'e factors to be considered b3 a

Court /hi(e determinin /hether di'ersion or a(ienation of pub(ic trust propert3 'io(ates the

said test. >hese factors are as fo((o/s--

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referred to in some of the ear(ier udments of this Court !Sheh(a :ia Supra# /as defined for 

the first time in section 2 of $&$A /hich is as under--

  B!2#!7(ii# Isustainab(e de'e(opmentI means de'e(opment that meets the needs of the present eneration /ithout compromisin the abi(it3 of future enerations to meet

their needs.B

". >his is an e'o('in concept and the definition i'en in section 2!7(ii# abo'eappears to ha'e been inspired b3 the Stoc%ho(m ec(aration 192. *n the preparator3 meetin

for the EAN21 Conference !Eer(in ?u(3 2000# a more comprehensi'e definition of 

sustainab(e urban de'e(opment /as adopted /hich (a3s do/n as under--

  B*mpro'in the ua(it3 of (ife in a cit3, inc(udin eco(oica(, cu(tura(, po(itica(,institutiona(, socia( and economic components /ithout (ea'in a burden on the future

enerations. A burden /hich is the resu(t of a reduced natura( capita( and an e7cessi'e

(oca( debt. Fur aim is that the f(o/ princip(e, that is based on an eui(ibrium of materia( and ener3 and a(so financia( input=output, p(a3s a crucia( ro(e in a(( future

decisions upon the de'e(opment of urban areas.B

". Qet another definition focuses more on communities, on human spirit, on oa(s and

'isions of sustainab(e de'e(opment and participator3 dimension of socia(, economic andeco(oica( de'e(opment of a societ3. Accordin to the *nstitute for Sustainab(e Communities

!http==///.isc't.or=AKscdef.htm(# , sustainab(e communities are defined as under--

  BSustainab(e communities are defined as to/ns and cities that ha'e ta%en steps toremain hea(th3 o'er the (on term. Sustainab(e communities ha'e a stron sense of 

 p(ace. >he3 ha'e a 'ision that is embraced and acti'e(3 promoted b3 a(( of the %e3

sectors of societ3, inc(udin businesses, disad'antaed roups, en'ironmenta(ists,ci'ic associations, o'ernment aencies, and re(iious orani6ations. >he3 are p(aces

that bui(d on their assets and dare to be inno'ati'e. >hese communities 'a(ue hea(th3

ecos3stems, use resources efficient(3, and acti'e(3 see% to retain and enhance a (oca((3 based econom3. >here is a per'asi'e 'o(unteer spirit that is re/arded b3 concreteresu(ts. $artnerships bet/een and amon o'ernment, the business sector, and

nonprofit orani6ations are common. $ub(ic debate in these communities is enain,

inc(usi'e, and constructi'e. n(i%e traditiona( communit3 de'e(opment approaches,sustainabi(it3 strateies emphasi6e the /ho(e communit3 !instead of ust

disad'antaed neihborhoods#@ ecos3stem protection@ meaninfu( and broad-based

citi6en participation@ and economic se(f-re(iance.B

"9. &7aminin the proect under cha((ene, in the (iht of concept of sustainab(ede'e(opment, as defined in section 2!7(ii# of the Act, /e note that i'en the resource

constraint, the 'a(ues of sustainab(e de'e(opment /ere %ept in 'ie/ /hi(e desinin andappro'in the Cana( oad $roect /hich is e'ident, inter a(ia, from the fo((o/in measures.

*t has been assured to this court--

!a# that the reen be(t on both sides of the Cana( oad /ou(d be retained and the entirearea /ou(d be dec(ared=notified as 8eritae $ar%, throuh an Act of the eis(ature@

!b# that minimum possib(e area from the reen be(t be affected on account of the

/idenin of the Cana( oad@

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!c# that the /idenin of the road /as necessitated to cater to the needs of the current and

future enerations@

!d# that the e7istin traffic f(o/ and the (i%e(3 increase in the 'o(ume of traffic on the

road /as %ept in 'ie/ /hi(e desinin the proect@

!e# that strinent conditions /ere attached b3 the &$A-$unab /hi(e rantinen'ironmenta( appro'a( to the proect /hich inc(uded strict adherence to the

&n'ironmenta( Manaement $(an in order to minimi6e an3 neati'e impacts on soi(,

round /ater, air and bio(oica( resources of the proect area@

!f# that strict comp(iance /ith the Nationa( &n'ironmenta( Kua(it3 Standards /ou(d beobser'ed@

!# that carr3in out of e7tensi'e tree p(antation, especia((3 indienous species in and

around the proect area in consu(tation /ith the $8A !$ar%s and 8orticu(ture

Authorit3# and to ma%e a(( arranement for the transp(antation of e7istin trees@ and

!h# that the p(antation of four !4# trees ha'in ;- feet heiht for e'er3 sin(e uprootedtree.

40. *n the afore-referred circumstances, the contention that the Cana( oad $roectappro'a( is 'io(ati'e of the concept of sustainab(e de'e(opment /ou(d not be tenab(e.

'ssue $o 6

hether ha'in consented to the referra( of the matter to the mediation, can the petitioners oin issue /ith the recommendations made b3 the Mediation CommitteeH

41. >he matter /as referred for mediation in terms of this CourtIs order dated 14-2-2011

/hich reads as fo((o/s--

  BMr. Sa(man Eutt, (earned Ad'ocate Supreme Court stated that the case reuired to bedisposed of e7peditious(3 in 'ie/ of the rush of traffic on the Cana( oad as due to

 pendenc3 of matter the proect has a(read3 been de(a3ed. Fn the other hand Ms.

*mrana >a/ana stated that there are so man3 other a(ternate options a'ai(ab(e to the$unab

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 propriet3 and to %eep the petitioners on board at each stae, he constituted a Committee of 

eiht members to be ca((ed the Mediation

Committee in consu(tation /ith (earned counse( for the petitioners Mr. Ahmer Ei(a(Soofi and respondentsI counse( Mr. Su(eman Eutt. Fne of the petitioners name(3 Mr. Ahmad

afa3 A(am /ho has the reputation of bein a dedicated en'ironmenta(ist /as made

Secretar3 of the Committee. >he Mediation Committee comprised of peop(e of eminencefrom 'arious fie(ds and the3 arri'ed at a consensus barrin one dissent in terms of /hich the

report /as submitted /hich has been reproduced in $ara-11 abo'e. >he on(3 dissentin

report opinion is of r. Arif 8assan /hose note of dissent /as p(aced on record a(on /iththe report /hich has been reproduced in para 10 abo'e.

4". As noted ear(ier, in the /ritten obections to the report of the Mediation Committee,

the petitioner did not oin issue /ith most of the recommendations made e7cept c(ause 1 of 

the report i.e. /idenin of road on both sides of cana(. Fn Court uer3, Miss *mrana >i/anacandid(3 conceded that she arees /ith 95J of the report submitted b3 the Mediation

Committee but reiterated that aruments=suestions i'en b3 her /ou(d effecti'e(3 tac%(e

the issue of traffic conestion and the /idenin of road besides bein ha6ardous to

en'ironment is unnecessar3. >his Court in detai( has considered the report of the N&S$AD /ith reference to a(ternate suestions as a(so the appro'a( report of the &$A-$unab and

finds that the e7ercise carried out b3 the concerned aenc3 and authorit3 under the (a/ is/e(( reasoned and do not ca(( for re'ie/ in these proceedins. &'en other/ise, in absence of 

an3 coent materia(, it /ou(d not be possib(e for this Court in these proceedins to ho(d that

the a(ternati'e so(utions suested b3 the petitioners shou(d be preferred to the proect

desined b3 competent authorities under the (a/.

44. *n a case decided b3 the *nternationa( Court of ?ustice in not distant past !>he

he Court

obser'ed as fo((o/s--

  B>he Court is mindfu( that, in the fie(d of en'ironmenta( protection, 'ii(ance and pre'ention are reuired on account of the often irre'ersib(e character of damae to the

en'ironment and of the (imitations inherent in the 'er3 mechanism of reparation of this t3pe of damae.

  >hrouhout the aes, man%ind has, for economic and other reasons, constant(3interfered /ith nature. *n the past, this /as often done /ithout consideration of the

effects upon the en'ironment. F/in to ne/ scientific insihts and to a ro/in

a/areness of the ris%s for man%ind --- for present and future enerations --- of pursuitof such inter'entions at an unconsidered and unabated pace, ne/ norms and standards

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ha'e been de'e(oped, set forth in a reat number of instruments durin the (ast t/o

decades. Such ne/ norms ha'e to be ta%en into consideration, and such ne/ standards

i'en proper /eiht, not on(3 /hen States contemp(ate ne/ acti'ities but a(so /hencontinuin /ith acti'ities beun in the past. >his need to reconci(e economic

de'e(opment /ith protection of the en'ironment is apt(3 e7pressed in the concept of 

sustainab(e de'e(opment.  or the purposes of the present case, this means that the $arties toether shou(d (oo% 

afresh at the effects on the en'ironment of the operation of the he

Court /i(( reca(( in this conte7t that, as it said in the North Sea Continenta(

She(fcases

  BLthe $arties are under an ob(iation so to conduct themse('es that the neotiations

are meaninfu(, /hich /i(( not be the case /hen either of them insists upon its o/n

 position /ithout contemp(atin an3 modification of itB !*.C.?. eports 19;9, p.4, para. 5#.

45. *n the instant case as /e((, the Court referred the matter for mediation on simi(ar 

considerations and /ith consent of both the parties. $etitionerIs attempt to resi(e from thesaid mode of reso(ution ma3 not /arrant a f(atterin comment. Eecause the Mediation

Committee /as constituted in consu(tation /ith petitionerIs (earned counse(, Mr. Ahmer Ei(a(

Soofi and the a((eation that t/o members of the Committee had affi(iation /ith the

$ro'incia(

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 pronounced e7tra cursum curiae, is in the nature of an arbiterIs a/ard and that as a

enera( ru(e at (east no appea( from it /i(( (ie.B

4;. >he ma7im e7tra cursum curiae /hich underpins the afore-referred udment /asreiterated b3 this Court in Mst. Sharif Eibi '. Muhammad Na/a6 Shah !200 SCM 102#

/herein the udment of the (earned 8ih Court /as uphe(d and appea( dismissed.

4. or afore-referred reasons, it /ou(d not be open for the petitioner to cha((eneMediation CommitteeIs report, particu(ar(3 /hen the3 ha'e areed to 95J of the

recommendations made b3 the said Committee.

'ssue $o 6i

hether the po(ic3 ma%in domain in /hich the Cana( oad proect fa((s, is the e7c(usi'e preser'e of &7ecuti'e Authorit3 and can this Court, in these proceedins, interfere in the said

domainH

4. Fne of the foundationa( 'a(ues enshrined in the Constitution of B*s(amic epub(ic of 

$a%istan is princip(e of trichotom3 of po/ers i.e. the eis(ature /ou(d (eis(ate, the

&7ecuti'e /ou(d administer (a/ and ?udiciar3 /ou(d interpret the (a/. *n Sindh 8ih CourtEar Association '. ederation of $a%istan !$ 2009 SC 9#, this Court hih(ihted the

 princip(e of trichotom3 of po/ers as fo((o/s--

  B1;. At this stae, it is necessar3 to e(ucidate throuh our o/n urisprudence and that

of other urisdictions the princip(e of trichotom3 of po/ers and the po/er of udicia(

re'ie/ 'ested in the superior Courts. Case-(a/ from the *ndian urisdiction is particu(ar(3 instructi'e on account of common oriins of constitutiona(ism sprinin

from the assadu 8ussain ?i((ani, ?.# /here the enesis of pub(icinterest (itiation in the de'e(opin /or(d has been commented upon. *t /as obser'ed--

  B>he rationa(e behind pub(ic interest (itiation in de'e(opin countries (i%e $a%istan

and *ndia is the socia( and educationa( bac%/ardness of its peop(e, the d/arfedde'e(opment of (a/ of tort, (ac% of de'e(oped institutions to attend to the matters of 

 pub(ic concern, the enera( inefficac3 and corruption at 'arious (e'e(s. *n such a

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socioeconomic and po(itica( mi(ieu, the non-inter'ention b3 Court in comp(aints of 

matters of pub(ic concern /i(( amount to abdication of udicia( authorit3.B

50. >his Court does not interfere in e'er3 issue of pub(ic concern under Artic(e 14!"# of the Constitution but on(3 /here the action=order of the e7ecuti'e authorit3 raises the uestion

of enforcement of a undamenta( iht. *n $a%istan >obacco Compan3 td. '. ederation of 

$a%istan !1999 SCM "2#, this Court candid(3 he(d as fo((o/s--

  Bmaintainabi(it3 of a petition under Artic(e 14!"# of the Constitution is to be

e7amined not on the basis as to /ho has fi(ed the same but if the contro'ers3 in'o('es

uestion of pub(ic importance /ith reference to enforcement of an3 of the

fundamenta( riht, petition /i(( be sustainab(e.B

51. Aain in ?a'ed *brahim $aracha '. ederation of $a%istan !$ 2004 SC 42#, this

'ie/ /as reiterated as fo((o/s--

  Ba person can in'o%e the Constitutiona( urisdiction of the superior Courts as pro bono pub(ico but /hi(e e7ercisin this urisdiction, he has to sho/ that he is (itiatin,

first(3, in the pub(ic interest and, second(3, for the pub(ic ood or for the /e(fare of the enera( pub(ic. >he /ord Ipro bono pub(icoI as defined in E(ac% a/ ictionar3,

Chambers ictionar3 and F7ford ictionar3 enera((3 means Ifor the pub(ic oodI or Ifor /e(fare of the /ho(eI bein or in'o('in uncompensated (ea( ser'ices performed

especia((3 for the pub(ic ood. I$ub(ic interestI in the E(ac% a/ ictionar3, has been

defined as the enera( /e(fare of the pub(ic that /arrants reconition and protection.Somethin in /hich the pub(ic as a /ho(e has a sta%e@ esp., an interest that ustifies

o'ernmenta( reu(ation. *t thus sinifies that in case of pub(ic interest (itiation, one

can aitate the re(ief on his o/n beha(f and a(so on beha(f of the enera( pub(icaainst 'arious pub(ic functionaries, /here the3 ha'e fai(ed to perform their duties

re(atin to the /e(fare of pub(ic at (are /hich the3 are bound to pro'ide under the

re(e'ant (a/s. +ie/in the bona fide of petitioner in the abo'e contest, /e are of theopinion that the petitioner has not been ab(e to sho/ that he /as arie'ed person/ithin the meanin of Artic(e 199 of the Constitution and can aitate his rie'ance as

 pro bono pub(ico.B

52. &7p(ainin the ambit of Artic(e 199 of the Constitution, this Court in Muhammad

Eashir '. Abdu( Darim !$ 2004 SC 21#, (aid do/n as fo((o/s--

  B>his po/er is conferred on the 8ih Court under the Constitution and is to be

e7ercised subect to Constitutiona( (imitations. >he Artic(e is intended to enab(e the

8ih Court to contro( e7ecuti'e action so as to brin it in conformit3 /ith the (a/.hene'er the e7ecuti'e acts in 'io(ation of the (a/, an appropriate order can be

ranted /hich /i(( re(ie'e the citi6en of the effects of i((ea( action. *t is an omnibusArtic(e under /hich re(ief can be ranted to the citi6ens of the countr3 aainstinfrinement of an3 pro'ision of (a/ or of the Constitution. *f the citi6ens of this

countr3 are depri'ed of the uarantee i'en to them under the Constitution, i((ea((3

or, not in accordance /ith (a/, then Artic(e 199 can a(/a3s be in'o%ed for redressB.

!

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consideration in e7ercise of Constitutiona( urisdiction is to foster ustice and riht a

/ronB. !ehmatu((ah '. 8ameeda Eeum 19; SCM 15;1, auna A(i '. Chief 

Sett(ement Commissioner $ 19" SC 2";#. >here is no ca'i( /ith the propositionthat Bso (on as statutor3 bodies and e7ecuti'e authorities act /ithout fraud and bona

fide /ithin the po/ers conferred on them b3 the Statute the udiciar3 cannot interfere

/ith them. >here is amp(e po/er 'ested in the 8ih Court to issue directions to ane7ecuti'e authorit3 /hen such an authorit3 is not e7ercisin its po/er bona fide for 

the purpose contemp(ated b3 the (a/ or is inf(uenced b3 e7traneous and irre(e'ant

considerations. here a statutor3 functionar3 acts ma(a fide or in a partia(, unust andoppressi'e manner, the 8ih Court in the e7ercise of its /rit urisdiction has amp(e

 po/er to rant re(ief to the arie'ed part3B. !&ast and est Steamship Co. '.

$a%istan $ 195 SC !$a%.# 41#. *n our considered 'ie/, technica(ities cannot

 pre'ent 8ih Court from e7ercisin its Constitutiona( urisdiction and affordin re(ief /hich other/ise respondent is found entit(ed to recei'e.B

5". Man3 a time, po(icies=actions of e7ecuti'e authorities are cha((ened and issues are brouht before the Court /hich ha'e socio-po(itica( or economic dimensions@ issues of 

(opsided po(icies bein pursued, issues /hich ha'e po(ari6ed the nation, issues /hich ha'e b(ed and di'ided the nation and issues /hich ref(ect immora( or un/ise use of pub(ic funds.?udes are humans. *t is painfu( to sit bac% and /atch the successi'e marches of fo((3.

8o/e'er, the Constitutiona( constraint ref(ected in the trichotom3 of po/ers ob(ies the

Court to obser'e udicia( restraint. *t inter'enes on(3 /hen the po(ic3=action of the Stateauthorit3 ref(ects 'io(ation of an3 (a/ or a Constitutiona( pro'ision or  

/hen it re(ates to the enforcement of a undamenta( iht /hich inter a(ia inc(udes

&n'ironmenta( 8uman ihts. >he peop(e=Constitution ma%ers did not 'est this Court to sit

o'er udment on a pure(3 po(ic3 decision ta%en b3 the competent e7ecuti'e authorit3 un(essof course it 'io(ates the (a/ of the (and. *n the .S. Constitution as /e((, the princip(e of 

separation of po/ers is one of the foundationa( 'a(ues. *n deference to the Constitutiona(

Scheme, the .S. Supreme Court obser'es se(f-restraint in such matters. *n >rop '.u((es !"5; .S. ;, 120 !195#, this approach is candid(3 ref(ected /here the Court he(d as

fo((o/s--

  B*t is not eas3 to stand a(oof and a((o/ /ant of /isdom to pre'ai(, to disreard oneIs

o/n stron(3 he(d 'ie/ of /hat is /ise in the conduct of affairs. Eut it is not the

 business of this Court to pronounce po(ic3. *t must obser'e a fastidious reard for (imit