Rana GHAFOOR ALI vs PROVINCE OF PUNJAB through Secretary Ministry of Environment Government of Punjab art

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Rana GHAFOOR ALI VS PROVINCE OF PUNJAB through Secretary Ministry of Environment Government of Punjab art. 199---Constitutional jurisdiction of High Court---alternate remedy, principle of---applicability---High Court has judicial power to intervene in cases of wrongful exercise of statutory power in excess of jurisdiction, illegal exercise of discretion or abuse of power, procedure and course---any other interpretation of scope of power of High Court under art. 199 of the Constitution may amount to restricting, limiting and ousting jurisdiction of High Court---Where condition precedents described by law for issuance of recovery notices are not enforced and actions assailed suffer from mala fide in law, the rule of alternate remedy does not remain a rule of law as barring jurisdiction as through said rule Courts regulate its own jurisdiction. Ss. 7 & 16---Constitution of Pakistan, Art. 199---Constitutional petition---Environmental protection order---Mandatory provisions, non-compliance of---Effect---Petitioner was running a brick kiln and notice imposing fine upon him was issued by authorities for violations of laws---Plea raised by petitioner was that brick kiln was inoperative and fine was imposed without compliance of mandatory provisions--- Validity--- Without following mandate of law contained in S. 16 of Pakistan Environmental Protection Act, 1997, direct issuance of recovery notice burdening petitioner with penalties and fines in absence of Show Cause Notice not only betrayed mandate of justice but was also violative of his fundamental right---Notice in question was issued without first satisfying flow of statutory measures for confronting petitioner with allegations against him or granting him an opportunity to satisfy whether he had violated provisions of law, SOPs or orders of High Court---High Court set aside notice in question as the same was suffering from jurisdictional defect and was unlawful---High Court remanded the matter to the authorities for compliance in accordance with law---Constitutional petition was allowed accordingly. arts. 4 & 10-a---Rule of law---applicability---State, responsibility of---Mandate of law has always aimed to secure inviolable Constitutional rights of every citizen available for protection under doctrine of access to justice---State functionaries were obliged to follow mandate of law in its letter and spirit---Every citizen under arts. 4 & 10-a of the Constitution has right to be provided a right to due process of law, right of hearing and right to explain fact as well as law---Such object can only be achieved if someone is confronted with an allegation against him, otherwise, an action or notice in failure to provide a right to due process of law would not only be violative of fundamental rights but also against statutory provisions of law. appeal, remedy of---Scope---Every fiscal law or regulatory statute and any law of such nature may provide a remedy of appeal against a lawful notice or legal action but under the law, there cannot be any remedy against a wrongful, illegal or unlawful notice.

Rana GHAFOOR ALI vs PROVINCE OF PUNJAB through Secretary Ministry of Environment Government of Punjab art — 2022 CLD 962 LAHORE-HIGH-COURT-LAHORE

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