D. G. KHAN CEMENT COMPANY LTD. vs GOVERNMENT OF PUNJAB through Chief Secretary,Lahore Preamble — 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 Preamble

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 Preamble---Water justice---Precautionary principle---Scope---In Dubio Pro Natura, principle of---Scope---Approach to be adopted by courts when adjudicating water related disputes---Precautionary principle should be applied in the resolution of water-related disputes---Notwithstanding scientific uncertainty or complexity regarding the existence or extent of risks of serious or irreversible harm to water, human health or the environment, judges should uphold or order the taking of the necessary protective measures having regard to the best available scientific evidence---Consistent with the principle in dubio pro natura, in case of uncertainty, water and environmental controversies before the courts should be resolved, and the applicable laws interpreted, in a way most likely to protect and conserve water resources and related ecosystems---In adjudicating water and water-related cases, judges should be mindful of the essential and inseparable connection that water had with the environment and land uses, and should avoid adjudicating those cases in isolation or as merely a sectoral matter concerning only water---Water justice required appreciation that there were no easy, simple or singular solutions to the water crisis, and that water problems could not be resolved through technical solutions alone but required broader recognition that they were inherently ecological, political and social issues simultaneously.

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