Lahore High Court
Ahmad Hassan, Anwaar Hussain, Mehr Muhammad Iqbal, Sheikh Asim Farooq, Saima A. Khawaja, Mehnaz Shiraz, Mohammad Azhar Siddique and Sheraz Zaka
Sadia Malik (Assistant Attorney General), Raja Omer (DIG (Forest)), Ali Raza Zaidi (Deputy Director (Legal), Ministry of Climate Change, Government of Pakistan), Rai Shahid Saleem Khan (Assistant Advocate General), Cap.(R) Muhammad Asif (Secretary), Shahid Rashid Awan (Additional Secretary, Forestry, Wildlife and Fisheries Department), Muhammad Ashraf (Range Forest Officer, Muzaffargarh), Kiran Khurshid (Registrar Cooperatives, Punjab), Waqar A. Sheikh (Advocate/Legal Advisor of LDA), Amina Imran Khan (Director General, Lahore Development Authority), Junaid Iqbal Khan (Advocate for the Respondents-PHA), Faisal Zahoor (Director General (PHA), Lahore), Khalid Sherdil (CEO, Urban Unit), Muhammad Asif Hayat (Advocate), Muhammad Imran (Company Secretary, Urban Unit), Atta M. Khan (Senior Law Officer, P&D Department), Muhammad Asif Hayat, Respondents (Urban Unit), Muhammad Riaz (Advocate) and Ahmad Rafay Alam (Advocate)
The Petitioners (members of civil society) requested a writ of mandamus under Article 199 of the Constitution of Pakistan, asking the court to, among other things, (a) evaluate how the National Climate Change Policy (2012), National Forest Policy (2015), and Forest Policy Statement (1999) had been implemented to increase forest cover; (b) order the implementation the Forest Act (1927) and the Punjab Plantation and Maintenance of Trees Act (1974); (c) require explanation from the Respondents for the drastic reduction in forest cover in various regions; (d) order the Respondents to increase the forest cover to reach the minimum satisfactory standards of 20-25% necessary for a balanced economy; (e) order a timeline for these purposes; and (f) initiate proceedings against the delinquent officers. As grounds for their request, the Petitioners cited public trust doctrine, failures of the government to protect forests under statutory law and infringement of their rights under the Constitution to life, liberty and dignity (among others). Citing precedent, the Petitioners argued that the right to life includes the rights to unpolluted water and to a clean atmosphere.
The Lahore High Court, confirming that the right to life includes the right to a clean and healthy environment, found that the Respondent government departments had failed to properly implement – in violation of both international and independent domestic commitments – the above-mentioned policies and laws. Ultimately the Court allowed the writ of mandamus and directed the government departments to perform their functions under the respective laws, in letter and spirit (i.e., to plant, protect and preserve the forests; to take steps to manage, conserve and enlarge the forests; to publish a yearly report demonstrating compliance and forest expansion; to create awareness and more).