Dr. AZIZ UR REHMAN vs FEDERATION OF PAKISTAN through Secretary Cabinet Ss — 2024 PLD 53 ISLAMABAD

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Dr. AZIZ UR REHMAN VS FEDERATION OF PAKISTAN through Secretary Cabinet Ss.12 & 22 (1)---Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Regln. 10---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability--- Alternate and efficacious remedy---Relief, grant of---Principle---Petitioners were members of teaching faculty of Quaid-e-Azam University and were aggrieved of construction of road---Contention of petitioners was that such construction was an environmental hazard for the University and its students studying there---Validity---Exercise of jurisdiction under Art. 199 of the Constitution is purely discretionary---Seldom can a petitioner ask for it as of right---Writs are not issued as a matter of course---While deciding Constitutional petition, High Court can see which way justice lies---High Court is not obliged or bound to interfere in constitutional jurisdiction in every case where order of authorities may be unlawful---In equitable jurisdiction, it is the duty of High Court to preserve public good---High Court, in its discretionary jurisdiction, only exercises judicial discretion in favour of or against authorities according to facts and circumstances of each case---Right to education of students at the University was not restricted or curtailed by construction of road in question---High Court declined to exercise its discretionary jurisdiction in stopping the construction activity---Public hearing pursuant to Regulation 10 of Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, was conducted by PEPA, and such hearing was also attended by petitioners, who were members of the teaching faculty in Quaid-e-Azam University---After public hearing, PEPA issued approval of EIA report submitted by CDA on road in question---Against such approval, petitioners could prefer an appeal under S. 22(1) of Pakistan Environmental Protection Act, 1997, to Environmental Tribunal---Due to availability of alternative remedy provided by law Constitutional petition was not maintainable---Constitutional petition was dismissed, in circumstances.

Dr. AZIZ UR REHMAN vs FEDERATION OF PAKISTAN through Secretary Cabinet Ss — 2024 PLD 53 ISLAMABAD

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