HAROON FAROOQ vs GOVERNMENT OF PUNJAB through Chief Secretary arts — 2023 CLC 1 LAHORE-HIGH-COURT-LAHORE

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HAROON FAROOQ VS GOVERNMENT OF PUNJAB through Chief Secretary arts.153, 155 & 199---Environmental degradation and climate justice---Preservation of water resources---Mitigation and adaptation---Council of Common Interests---Complaints with respect to water supplies---High Courts, jurisdiction of---Petitioner was aggrieved of climate change and under social action powers of High Court assailed steps taken by Federal Government and Provincial Government which were contended to be insufficient---Validity---Constitution mandated that interest of a Province or any of the inhabitants should not be affected prejudicially by failure of any authority to exercise any of its powers with respect to use and distribution or control of water from any natural source of supply---as such it was made one of the subject matters to be taken cognizance of by Council of Common Interests upon a complaint in such regard---alternatively, such complaint could also give rise to litigation to be brought before Courts for redressal of those grievances and for climate justice to be enforced by Courts--- Directions issued by High Court in the matter were related to very basic and rudimentary knowledge of area of water management and aimed at effective reduction in wastage, non-revenue water allocation and metering---Sources of water, surface as well as underground, should be diligently protected from contamination and always maintained in a healthy state---In order to address adverse impacts associated with global warming, a key goal of climate justice was to put across the effects of mitigation and adaptation in order to promote greater climate equity---High Court had issued large number of judicial directions in the present case relating to mitigation and adaptation measures particularly those aimed at water conservation---Climate change engendered adaptation needs which, in turn, had fed adaptation policies and options which could reduce risks to natural ecosystems by its restoration, to health, livelihoods, food and water with efficient irrigation, green infrastructure, sustainable land use and water management---Twin themes of mitigation and adaptation had to be at the heart of any climate litigation---High Court observed that present matter involved an ongoing supervisory jurisdiction with judicial directions, thus present petitions could not be brought to an end for now; that there was an overriding public interest which had justified issuance of Constitutional remedies to compel executive action to achieve climate goals; that much had been gained and in order to sustain and entrench it, further supervision would have to continue---Constitutional petition was adjourned accordingly.

HAROON FAROOQ vs GOVERNMENT OF PUNJAB through Chief Secretary arts — 2023 CLC 1 LAHORE-HIGH-COURT-LAHORE

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