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

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D. G. KHAN CEMENT COMPANY LTD. VS GOVERNMENT OF PUNJAB through Chief Secretary,Lahore S. 3---Constitution of Pakistan, Arts. 9 & 14(1)---Restrictions on establishment of industrial undertakings---Zoning of area as 'negative' area---Precautionary principle of environmental law---Scope---In Dubio Pro Natura, principle of---Scope---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 enlargement of an existing cement plant in a negative area attracted the well-established principle of international environmental law called the Precautionary Principle, reflected in Principle 10 of the Rio Declaration, 1992---Said principle provided that where there were threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation---Another emerging environmental principle declared as Principle 5 of the IUCN World Declaration on the Environmental Rule of Law (2016) was 'in dubio pro natura' i.e. in cases of doubt, all matters before courts, administrative agencies, and other decision-makers shall be resolved in a way most likely to favour the protection and conservation of the environment, with preference to be given to alternatives that were least harmful to the environment---Actions were not to be undertaken when their potential adverse impacts on the environment were disproportionate or excessive in relation to the benefits derived therefrom---In the facts of the present case, the Provincial Government was obliged to take a precautionary approach and act in-line with the principle of in dubio pro natura, till, inter alia, a detailed hydrogeological study assessing the potential of groundwater resources for industrial purposes of the project area was carried out---Such approach was also constitutionally compliant as the courts were to protect the fundamental rights of the public and in the present case right to life, sustainability and dignity of the community surrounding the project remained paramount till such time that the Government was of the view that the project of the petitioner-company had no adverse environmental effects---Also, the environment needed to be protected in its own right---Impugned notification was in accordance with the provisions of the Ordinance and negative area could be planned and designed banning industrial activity within its bounds---Petitioner-company was not allowed to enlarge or enhance the capacity of its existing cement plant till such time that the Negative Area subsisted---Petition for leave to appeal was dismissed and leave was refused.

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

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