D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S — 2021 SCMR 834 SUPREME-COURT

Case information

Citation: 2021 SCMR 834 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S
Subject matter: Constitutional
Provisions referred to: S. 3---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

D. G. KHAN CEMENT COMPANY LTD. VS GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S. 3---Constitution of Pakistan, Art. 9---Restrictions on establishment of industrial undertakings---Zoning of area as 'negative' area-- Climate change---Significance---By way of impugned notification establishment of new cement plants, and enlargement and expansion of existing cement plants was not allowed in the "Negative Area" falling within the Districts 'C' (Chakwal) and 'K' (Khushab)---Petitioner-company that owned and ran a cement manufacturing plant in District 'C' challenged the notification on the ground that it was not validly issued and it also infringed its various Fundamental Rights under the Constitution---Held, that the fragility of the Negative Area needed to be examined in the larger context of climate change---Environmental issues initially brought to the courts were local geographical issues, be it air pollution, urban planning, water scarcity, deforestation or noise pollution, but now climate change had a bearing on these issues---Impugned notification, in the current facts of the case, was a climate resilient measure and in step with the National Climate Change Policy, 2012 (Pakistan) and the Constitution---Petition for leave to appeal was dismissed and leave was refused.

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