IBRAR HUSSAIN vs ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD art — 2025 CLC 2020 ISLAMABAD

Case information

Citation: 2025 CLC 2020 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: IBRAR HUSSAIN vs ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD art

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

IBRAR HUSSAIN VS ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD art. 9---Right to life---Scope---Natural resources---Water---Public trust doctrine---Scope---Public trust doctrine borrows its basic construct and some of its tenets (though not all) from private trust law---Just like private trust, the latter involves three elements: a trustee, a beneficiary and trust property---Here, the trust property consists of natural resources and government is their trustee and must manage them subject to fiduciary duties for the benefit of both present and future generations who are beneficiaries of public trust---as in private trust context, trustee of public trust must adhere to both substantive and procedural duties---Former includes: (i) the duty of protection; (ii) the duty against waste; (iii) the duty to maximize value of trust resources; (iv) the duty to restore trust resources when damaged; and (v) the duty against privatizing trust resources--- On the other hand, procedural duties are: (i) the duty of loyalty; (ii) the duty to supervise agents; (iii) the duty of good faith and reasonable care; (iv) the duty of precaution; and (v) the duty to furnish information to beneficiaries.

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