IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE MIAN SAQIB NISAR 
 
Suo Moto Case No. 25 of 2009 
(Cutting of Trees for Canal Widening Project Lahore). 
 
In Attendance: 
 
 
Ms. Imrana Tiwana, Convener LBT (Lahore 
Bachao Tehrik / Save Lahore Movement) 
 
 
 
 
Ms. Iram Aftab, LBT 
 
 
 
 
Ms. Ayesha Batool 
 
Mr. Ali Hassan for WWF, Pakistan. 
 
Ms. Naumana Amjad, Assistant Professor of 
Psychology, Punjab University. 
 
 
 
 
 
Mr. Kamil Khan Mumtaz, (Architect). 
 
 
 
 
Ms. Saima Ameen Khawaja 
 
Lt. Col. (R) Ijaz Nazim. NGO Shajardost. 
 
 
 
 
Mr. Alexander Uvidine 
 
For Govt of Punjab:  
Ch. Hanif Khatana, Addl.A.G. Pb. 
 
 
 
 
Mr. Jawwad Hassan, Addl. A.G. Pb. 
 
 
 
 
Mr. Salman Aslam Butt, ASC 
Nasim ur Rehman, Dy: Director, Environmental 
Protection Authority 
 
Court Mediator: 
 
Dr. Parvaiz Hassan, Sr. ASC 
 
 
Date of Hearing: 
 
15.08.2011. 
 
 
JUDGMENT 
 
 
Tassaduq Hussain Jillani, J. –Any city gets what it admires and 
what it pays for and ultimately deserves. And we will probably be judged not for 
the monuments we build but the monuments we destroy. Echoing the spirit behind 
this powerful quote (by Ada Louise Hustable, Pulitzer Prize Winning Architecture 
Critic), the petitioner Lahore Bachao Tehrik (‘LBT’) has challenged the project of 
Suo Moto Case No. 25 of 2009 
 
2 
Government of Punjab for widening of the 14 Km long Canal Bank Road 
(“Canal Road”) Section falling between Dharampura Underpass and Thokar Niaz 
Baig in Lahore (“Canal Road Project”) which, according to it, would not only 
destroy the green belt/park on both sides of the Bambawali-Ravi-Bedian (BRB) 
Canal, but also fail to solve the problem of traffic congestion at Canal Road for 
which the Canal Road Project has purportedly been designed. It is contended by 
the petitioner that the issues of traffic congestion can be resolved by complying 
with Urban Town Planning and sustainable urban transport which include 
alternatives based on public transportation instead of private transportation. The 
petitioner has also prayed that the Canal Park/Green Belt along the Canal Road be 
notified as a heritage site. The petition reflects a strong passion for issues of 
environmental and ecological concern.  
2. 
Petitioner is statedly an umbrella organization consisting of 
members from other organizations such as Institute of Architects Pakistan, 
Pakistan Council of Architects and Town Planners, the World Wide Fund for 
Nature-Pakistan, the Pakistan Medical Association, the Pakistan Environmental 
Lawyers Association, Simorgh, Shirkatgah, Shehri-CBE, the Lahore Conservation 
Society, Shajar Dost, Subh-e-Nau, Lahore Chitrkar, the Office of Conservation 
and Community Outreach, the Punjab Urban Resource Center, other NGOs, 
professionals, architects, town planners, environmentalists, doctors, lawyers, 
historians, economists, the academics and students of schools, universities, 
colleges as well as the citizens of Lahore. It was formed in 2006 with the object to 
protest against the proposal framed by the Traffic Engineering and Planning 
Agency (“TEPA”) to widen the Canal Road. 
3. 
Initially this petition was a letter from LBT addressed to the 
Honorable Chief Justice of Pakistan in which LBT claimed that the Canal Road 
Project was a violation of fundamental rightof life guaranteed under the 
Suo Moto Case No. 25 of 2009 
 
3 
Constitution. The Hon’ble Chief Justice converted it into a petition and issued a 
suo moto notice under Article 184(3) of the Constitution to the respondent-
authorities. In compliance of the suo moto notice, the Government of Punjab filed 
its comments/written statement.  
4. 
In support of this petition, it was submitted and argued by the 
petitioners as follows:- 
(i) 
that the declared objectives of the Canal Road Project i.e. (i) 
the facilitation of fast and efficient traffic movement; (ii) 
overcoming traffic congestion and bottlenecks, and (iii) to 
provide easy traveling conditions between the northern and 
southern parts of the city of Lahore would not be achieved by 
widening of the road. 
(ii) 
that Environmental Impact Assessment carried out and the 
report (EIA Report) so submitted approving the Canal Road 
Project is flawed because it does not consider the following 
alternatives to alleviate traffic congestion which are (i) 
investment in public transport including taxi services; (ii) 
rationalization of parking fees, (iii) congestion charging; (iv) 
soft traffic management; (v) demand management; (vi) better 
use of existing facilities; (viii) avoiding VIP traffic congestion 
and (ix) enforcement and implementation of traffic regulations. 
(iii) 
that the three traffic bottlenecks along the Canal Road which 
have been cited as justification for widening the said road are 
not caused by the width of the road but by the fact that traffic 
must “crisscross” on account of underpasses’ position on 
alternate sides of the road. The EIA Report failed to point out 
that this cause of traffic disruption would be further 
Suo Moto Case No. 25 of 2009 
 
4 
confounded by widening of the road and allowing more traffic 
unto it.  
(iv) 
that both the EIA Report and the TEPA have not considered 
the impact of Lahore Ring Road Project as well as of proposed 
public transport initiative of the Government of Punjab i.e. 
Lahore Rapid Mass Transit Project and the Lahore Bus 
Company Project which have taken place after the grant of 
environmental approval. The Precautionary Principle in 
environmental regulations warrants that a separate EIA of 
Canal Road Project should include consideration of the afore-
referred new developments. 
(v) 
that according to the Precautionary Principle of environmental 
regulations, enshrined in our jurisprudence by the Shehla Zia 
Case (PLD 1994 SC 693), it is imperative “to first consider the 
welfare and safety of the human beings and the environment 
and then to pick up a policy and execute the plan which is more 
suited to obviate the possible dangers or make such alternate 
precautionary measures which may ensure safety”, it is argued 
that the Government of Punjab should adhere to the 
Precautionary Principle and have EIAs conducted of Canal 
Road Project. The Precautionary Principles enjoins decision 
makers to err on the side of caution when it comes to project 
likely to cause an adverse environmental effect. 
(vi) 
that the environmental approval granted to the Canal Road 
Project is illegal, void and of no legal effect because the 
Environmental Protection Agency, Punjab (“EPA-Punjab”) 
unlike the Pakistan Environment Protection Agency (the “Pak-
Suo Moto Case No. 25 of 2009 
 
5 
EPA”) set up under section 5 of the Pakistan Environmental 
Protection Act, 1997 (“PEPA”), is not an independent agency. 
The EPA-Punjab is very much part of the Government of 
Punjab and, to date, no clear demarcation has been made of 
between its functions and the functions of the Environment 
Protection Department of the Government of Punjab. As such, 
it is a violation of the principles of natural justice that EPA-
Punjab presided over the determination/consideration of the 
Canal Road Project when the main financer of the said project 
was the Government of Punjab. In the afore-referred 
circumstances, it was contended that EIA of the TEPA Project 
ought to have been carried out by the Pak-EPA, which is the 
only unbiased institution within the scope of PEPA that can 
conduct reviews of EIAs submitted by Provincial or Federal 
Government agencies. 
(vii) 
that the environmental impact of the Canal Road Project should 
be taken into account before commencing it. 
(viii) that the World Wide Fund for Nature-Pakistan conducted an 
ecological assessment of flora, fauna and wildlife along the 
Canal Road. This area has immense ecological importance with 
a lot of wild life specie of birds, trees and small animals. With 
the proposed widening of the road, the centuries old ecological 
linkages would be broken resulting in habitat destruction for 
birds and small animals. 
(ix) 
that the habitat of Lahore Canal Bank has different types of 
trees and shrubs. As per WWF-Pakistan 2008 Report, there are 
14,873 trees and 6,557 shrubs in the area. Major trees include 
Suo Moto Case No. 25 of 2009 
 
6 
Eucalyptus, Poplar, Jaman, Mango, Banyan, Pipal, Amaltas 
and Bottle Brush etc. All these trees and shrubs were 
thoroughly identified and counted.  
(x) 
that the trees and plants contribute significantly towards 
purification. They make their own food from Carbon Dioxide 
and release Oxygen for us to breath. They also help to settle 
out, trap and hold particulate pollutant (dust, ash, pollen and 
smoke) that can damage human lungs. Particulates are trapped 
and filtered by leaves, stems and twigs, and washed to the 
ground on rainfall. The loss of trees in our urban areas not only 
intensifies the urban heat-island effect from the loss of shade 
and evaporation but we lose a principal absorber of carbon 
dioxide and the trappers of air pollutants as well. A single tree 
can absorb as much as 330 lbs of carbon dioxide, 4 lbs of 
ground level ozone and 3 lbs of particulate matter. 
(xi) 
that the Lahore Canal through its distributaries has played a 
pivotal role in nurturing the city landscape in the growth of 
gardens and other green areas. 
(xii) 
that the canal with the passage of time, however, has lost its 
original role of supplying water to the city but has assumed a 
new role as a roadway and a continuous belt of green space that 
stretches from one end of the city to the other. The widening of 
the road project is likely to adversely affect the said green 
belt/park.  
(xiii) that the well known “Doctrine of Public Trust” as recognized 
and reiterated in various judgments of the High Court and of 
this Court enjoins city fathers to maintain guardianship and 
Suo Moto Case No. 25 of 2009 
 
7 
stewardship of the people’s priceless and historic natural 
resources as they transform their utility, over the course of 
time, to meet the needs of people of a city. 
5. 
In the concise statement submitted by the Government of Punjab, 
it has been averred as follows:- 
(i) 
that the Canal Road Project was designed and approved in 
public interest and with a view to improve the drastically 
deteriorating traffic conditions on the Canal Road. The total 
cost of Canal Road Project is Rs.800 Million. 
(ii) 
that the Canal Road Project contemplates addition of 18 feet 
wide lane to the already existing two lane Canal Road along 
with earthen shoulder of 6 feet on both sides of the canal as 
well as bus bays and shelters, traffic control and service level 
improvements, development of green areas along the Canal 
Road and plantation of trees thereon. 
(iii) 
Explaining the background and justification of the project, it 
was further averred that according to Economic Survey of 
Pakistan for the year 2008-09 conducted by the Ministry of 
Finance, Government of Pakistan, the current population of 
Pakistan is 163.76 Million which is estimated to grow to 197 
Million by the end of 2020 and 55% of the population lives in 
the Province of Punjab. 
(iv) 
that Lahore besides being the socio-economic and cultural 
capital of the Province of Punjab is the second largest city in 
Pakistan and its current population is estimated to be in excess 
of 9 Million. In addition thereto, the city accommodates an 
Suo Moto Case No. 25 of 2009 
 
8 
additional one million visitors from the adjoining areas/districts 
as well as from across Pakistan. 
(v) 
that on account of the population explosion and demographic 
changes in the city of Lahore, following factors have led to 
increase in volume of traffic in general and on the Canal Road 
in particular:- 
(a) 
In order to accommodate the ever growing population of 
Lahore, after 1978, a number of housing schemes like 
Awan Town, Campus Colony, Canal View Cooperative 
Housing Society, Hamid Park Housing Scheme (HS), 
Rehmanabad, Township etc. got approval from the 
Government of Punjab. As the demand for housing further 
increased at an exponential rate, there was a boom of 
housing schemes in Lahore from early 1990’s onwards. 
The major schemes developed in this period were West 
Wood Colony, Ittefaq Town, Campus View Town, Tech 
Society, Pakistan International Airline (PIA) Housing 
Scheme Phase I & II, Ghousia Town, Pakistan Council of 
Scientific and Industrial Research (PCSIR) Cooperative 
Housing Society Phase I & II, National Fertilizer 
Corporation Housing Scheme, Punjab Govt. Employees 
Housing Scheme Phase-II, WAPDA Town, Beharia Town, 
Eden Housing Scheme to name but a few (collectively the 
Southern Residential Areas) wherein reside hundreds of 
thousands of people from all socio-economic backgrounds. 
It may be noted that most, if not all, of these housing 
schemes are situated south/south-west of Lahore and are 
Suo Moto Case No. 25 of 2009 
 
9 
accessible from various points within the city mainly via 
the Canal Road. 
(b) 
Lahore also witnesses rapid industrialization due to the 
phenomenal success of the textile industry in Pakistan. As 
a consequence whereof, at present there are currently 
hundreds 
of 
industrial 
units 
operating 
on 
the 
southern/south-western side of Lahore, particularly along 
the Multan Road and Raiwind Road which employ 
hundreds of thousands of people from Lahore. In this 
regard, it is pertinent to point out here that both Multan 
Road and the Raiwind Road are accessible from various 
points within the city mainly via the Canal Road. 
(c) 
The Multan Road, being situated at the tip of the southern-
most section of the Canal Road, also serves as Lahore’s 
main entry/exit point for millions of people annually.  
(d) 
The Canal Road is the main artery and the spine of 
Lahore. It is also the longest double road connecting areas 
lying to the north of the City (for example Dharampura, 
the Mall Road etc) to those in the south (for example the 
southern residential areas, the Multan Road and Raiwind 
Road). In addition thereto, as the Canal Road cuts across 
the city, it also serves as the main feeder/link road to all 
the major inner-city roads such as the Link Road, 
Ferozepur Road, Jail Road, the Mall Road etc. 
(e) 
The traffic conditions on the Canal Road have been 
gradually deteriorating over the past many years on 
account of the fact that over the past two decades (1981-
Suo Moto Case No. 25 of 2009 
 
10 
2000) the number of vehicles in the city have increased 
from 13 vehicles per 1000 inhabitants to 35 vehicles per 
1000 inhabitants and are likely to grow even further in the 
coming years. Furthermore, in the years leading up to 
2006, traffic volumes on the Canal Road have grown to 
more 
than 
twice 
the 
existing 
road 
capacity 
of 
approximately 100,000 vehicles per day, making it one of 
the busiest roads in Lahore. 
(vi) 
that on account of immense increase in volume of traffic, the 
successive Provincial Governments have been taking steps to 
improve the traffic conditions in Lahore especially along the 
Canal Road which included construction of nine underpasses 
and inter-sections at major junctions along the Canal Road. 
There has also been widening of other roads along the length of 
underpasses/inter-sections to a certain extent i.e. several roads 
including Jail Road, Ferozepur Road, Wahdat Road and Bund 
Road were widened. 
(vii) 
that the Provincial Government also took steps to promote 
public transport by setting up Lahore Transport Company, 
acquisition of more than 2000 environmental friendly CNG 
busses, phasing out of existing diesel busses, conversion of 
existing diesel busses to CNG buses, phasing out of pollution 
causing two stroke auto rickshaws and replacing it with 
environmental friendly four stroke CNG rickshaws in the city 
and the rickshaws drivers have been given loans on easy 
installments to purchase the afore-referred four stroke CNG 
Suo Moto Case No. 25 of 2009 
 
11 
rickshaws. Besides the above, the Government has also decided 
to introduce Rapid Mass Transit System in the city. 
(viii) that despite the measures taken by the Provincial Governments 
from time to time to which reference has been made above, 
traffic load on the Canal Road has been ever increasing and 
many traffic related problems/issues necessitated the need for 
widening Canal Road. Some of these issues are as follows:- 
(ix) 
that before commencement of the project, it was deemed 
imperative to conduct Environmental Impact Assessment (EIA) 
for approval of the Punjab Environmental Protection Agency in 
terms of section 12(1) of PEPA read with Pakistan 
Environmental Protection Agency (Review of IEE and EIA) 
Regulations, 2000 (“Review of IEE and EIA Regulations”). 
For the said purpose a public notice was given through English 
Daily ‘Pakistan Times’ and Urdu Daily ‘Nawa-e-Waqt’ and 
tenders were called from reputable companies having requisite 
skill and experience to carry out the EIA of the Canal Road 
Project. Two consulting firms applied and ultimately National 
Engineering Services of Pakistan (“NESPAK”) was chosen as 
consultants for carrying out the EIA of the Canal Road Project. 
(x) 
that EIA of the Canal Road Project was duly prepared by the 
NESPAK in January 2007 in accordance with PEPA, the 
Review of IEE and EIA Regulations as well as the Guidelines 
for Preparation of and Review of Environmental Report. 
(xi) 
that EIA Report explained in depth the rationale of the Canal 
Road Project, its benefits and also cautioned against its 
negative impact as it required cutting down of trees growing 
Suo Moto Case No. 25 of 2009 
 
12 
along the right of way of the Canal Road. It also conducted a 
tree count along the Canal Road in order to determine type and 
number of trees required to be removed. For the said purpose, 
the Canal Bank is divided into three sections. According to the 
said report, approximately 60% of trees on the road are 
eucalyptus (Sufaida) which according to it is not a native tree 
of the country and is rather hazardous because it consumes 
much quantity of water and thereby lowering the water table; it 
causes soil erosion of the adjoining areas; the oil released from 
the roots of the eucalyptus plant is known to contaminate 
underground water reservoirs; it does not have any significant 
impact in removing air pollution. It does not support nestling 
for local as well as migratory birds and because of its negative 
environmental impact, the Government of Punjab had banned 
its plantation except in water-logged areas. The EIA Report 
concludes that cutting of eucalyptus trees would in fact have 
positive impact on environment. Nevertheless, cutting of trees 
in general was found to have overall adverse effects on 
environment and the EIA Report recommended certain 
mitigation measures during the construction phase as well as 
the operation phase of the Canal Road Project. Among other 
measures, it suggested that TEPA in coordination with the 
Punjab Parks and Horticulture Authority should initiate a 
program for plantation of four type of indigenous tree specie 
along the Canal Road for every tree felled/removed. EIA 
concluded that new plantation of indigenous tree species would 
not only improve the ecological habitat of the Canal Road, but 
Suo Moto Case No. 25 of 2009 
 
13 
would also minimize excess noise, vehicular and dust 
pollution. This suggestion qua tree plantation, according to 
EIA, is being implemented forthwith. 
(xii) 
that EIA Report was duly submitted by TEPA to the EPA-
Punjab for approval pursuant to S.R.O. 1251(1)/98 dated 
27.10.1998 of the Ministry of Environment, Local Government 
and Rural Development, Government of Pakistan. Prior to its 
approval in terms of Regulation 10 of Regulations read with 
section 12(3) of PEPA, a public hearing was done through 
public notice appearing in two daily newspapers. The public 
hearing took place and various objections and suggestions were 
considered.  Some of the objections raised concern that the 
number of trees to be cut down would be approximately 
30,000; that the project would entail conversion of 50 acres of 
green belt/park running along the Canal Road and thereby 
resulting in change of land use; that since both EPA and 
respondent No.1 are under control of Government of Punjab, 
the EIA should have been submitted to Federal Environmental 
Protection Agency and that NESPAK was not competent to 
undertake EIA of the project. Respondent made the afore-
referred objections by filing a detailed statement before the 
Environmental Protection Agency and among other things, it 
was pointed out that the number of trees to be cut down would 
not be 30,000 but only 1850 and that the apprehended adverse 
effects on environment resulting from the project after removal 
of trees stand negated by complying with the Environment 
Mitigation Plan recommended in the EIA by NESPAK. 
Suo Moto Case No. 25 of 2009 
 
14 
(xiii) that the EPA-Punjab after receipt of written reply from TEPA 
constituted a Committee of experts in terms of Regulation 11 
of the IEE and EIA Regulations with a view to assist it in 
assessing the environmental impact of the Canal Road Project. 
The recommendations of said Committee of Experts were 
considered by EPA-Punjab whereafter it approved the Canal 
Road 
Project 
vide 
approval 
bearing 
No. 
DDEIA/F-
22/Cir/EIA/3725 dated 19.7.2007 (Environmental Approval). 
The said Environmental Approval laid down stringent 
conditions for TEPA in undertaking the construction phase of 
the Canal Road Project wherein some of the measures which 
were directed to be undertaken are as follows:- 
(a) 
strict adherence to the Environmental Management 
Plan in order to minimize any negative impacts on 
soil, ground water, air and biological resources of the 
project area; 
(b) 
strict compliance with the National Environmental 
Quality Standards; 
(c) 
the carrying out of extensive tree plantation, 
especially indigenous species in and around the 
project area in consultation with the PHA and to make 
all arrangements for the transplantation of existing 
trees; and 
(d) 
the plantation of four (4) trees having 6-7 feet height 
for every single uprooted tree. 
(xiv) that on account of delay in its implementation, the cost of the 
Canal Road Project has increased significantly, the traffic 
Suo Moto Case No. 25 of 2009 
 
15 
conditions on the said road have been worsening/deteriorating 
in line with the traffic forecast of EIA Report submitted by 
NESPAK and the Government of Punjab has to inject an 
additional sum of Rs.2.00 billion for initiation/completion of 
the Canal Road Project. 
 
6. 
On 14.2.2011, a Bench of this Court headed by the Hon’ble Chief 
Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry with the consent of 
the convener of LBT Ms. Imrana Tawana and respondent-Provincial Government 
nominated Dr. Pervez Hassan (who has an expertise in environmental law and has 
illustrious background of public service in the said field both at international and 
domestic levels) as a mediator. The order further stipulated that he may associate 
any other person or expert or official of the Government of Punjab for the purpose 
of such mediation and for finding suitable resolution of the matter.  
7. 
Dr. Pervez Hassan submitted a detailed report to the Court on 14th 
of May, 2011 which indicates that he in consultation with learned counsel for the 
petitioner Mr. Ahmer Bilal Soofi and counsel for the Provincial Government Mr. 
Salman Butt formed a Committee of eights members having illustrious 
background of public service in various fields. The members of Committee were:- 
(i) 
Syed Babar Ali, former President, WWF International and 
WWF Pakistan. 
(ii) 
Mr. Sartaj Aziz, Vice Chancellor, Beaconhouse National 
University. 
(iii) 
Sardar Ayaz Sadiq, Member, National Assembly. 
(iv) 
Mr. Javed Jabbar, Vice President, IUCN. 
(v) 
Mr. Arif Hassan, urbanist and planner.  
(vi) 
Dr. Abid Qaiyum Suleri, Executive Director, Sustainable 
Development Policy Institute Islamabad. 
(vii) 
Mr. Nadeem Hassan Asif, Commissioner Lahore. 
(viii) Dr. Mira Phailbus, former Principal, Kinnaird College for 
Women. 
 
 
Suo Moto Case No. 25 of 2009 
 
16 
8. 
One of the petitioners namely Mr. Ahmad Rafay Alam was 
appointed as Secretary of the Committee. The committee held several meetings, 
made visits of the Canal Road, solicited the opinions of experts, carried out public 
hearings, considered the stand of LBT and also of the Government of Punjab and 
barring one exception (Dr. Arif Hassan) made recommendations with consensus 
which are as follows:- 
Consensus of the Committee 
 
Based on the information presented to it, the Committee notes 
the rapid increase in the number of automobiles registered in 
Lahore from 702,734 in 2004 to 1,747,600 in 2011.  This rate 
of increase in the number of automobiles registered in Lahore 
is greater than the rate of population increase, which is a fact 
that points to the widening social and income disparities.  The 
Committee also noted that, at the current rate, the number of 
automobiles registered in the city of Lahore could double every 
six (6) to seven (7) years. 
 
The mushroom increase in automobiles has also led to an 
increase in automobile emissions (which are greenhouse gases 
that contribute to climate change) and to a detrimental effect on 
the quality of air in Lahore.  The Committee noted with some 
concern that the recorded air quality in Lahore was in excess of 
National Ambient Air Quality Standards and was classified as 
unhealthy in some areas. 
 
The urbanization of Lahore has also been unprecedented.  The 
population of the city was less than 900,000 at the time of 
Partition and has since grown to about 10 million today.  
Future demographic projections estimate that, by 2020, the city 
will have a population of 15 million.  This increase in 
population has placed – and will continue to place – 
considerable stress on available housing stock, the sewage and 
sanitation infrastructure, healthcare facilities, education 
institutions and recreational spaces.  The Committee noted with 
concern that the rapid growth of the city has not been helped by 
the unplanned mushrooming of private housing societies, 
industrial units and hospitals. 
 
The Committee is of the view that societies that do not anchor 
their growth on long term plans are afflicted with the on-going 
urban issues the city of Lahore is currently facing.  The 
Committee examined the salient features of the Master Plan for 
Greater Lahore, 1966, the Master Plan of Greater Lahore 
1980, the Comprehensive Study on Transportation System in 
Lahore prepared by the Japan International Cooperation 
Agency (“JICA”) in 1991 and the integrated Master Plan for 
Lahore 2021 prepared by the NESPAK and approved by the 
Suo Moto Case No. 25 of 2009 
 
17 
Lahore Zila Council in 2004 (for a detailed analysis of these 
previous plans, reference may be had to presentation by Mr. 
Umar Farooq attached as Annexure D/10 and for a quick 
reference to the 1991 JICA Plan and Lahore Mass Transit 
Project, reference may be had to Annexure G.  The Committee 
was also informed of the Lahore Rapid Mass Transit Project 
and the ongoing Lahore Urban Transport Master Plan study 
being jointly conducted by the Transport Department of the 
Government of Punjab and JICA.  It was also informed of the 
various road engineering projects underway and planned by 
the Government of Punjab. 
 
The Committee is of the view that the cumulative effect of the 
forces affecting the city of Lahore has been to remove and 
exclude its residents, especially the common man, from the 
growth and development of their city. The Committee 
recognizes that every citizen of the city has, at some level, a 
right to the city and that this right, in its essence, is one of 
meaningful participation in the growth and development of the 
city.  The Committee is of the opinion that its proceedings are 
atleast one example of the exercise of such a right and has 
proceeded with the intent and purpose of giving the city of 
Lahore back to the people. It appears imperative to move 
towards public transportation and mandatory school/college 
bus transportation to achieve these goals of social equity and 
thereby reducing traffic congestion. 
 
G. Recommendations 
 
There was a general consensus at the hearings that the present 
design and engineering of the Canal Road has serious flaws 
that contribute in no small measure not only to traffic 
congestion but also to road safety hazards. 
 
Even if one were inclined to support the plea of the Punjab 
Government for the widening of the road on the ground of 
increasing traffic congestion, the most revealing admission 
before the Committee was that this widening would, in the 
absence of other required mitigating measures, serve the traffic 
needs only for the next 4-5 years. In effect, we would need more 
lanes in the future. This way, most of the green belt of the Canal 
Bank Corridor, a valuable part of Lahore’s legacy and 
heritage, could be lost for future generations. The Committee 
cannot, in all good conscience, be a party to the disappearance 
of the Canal and its green belt. 
 
Based on the opinions and weighty engineering data provided 
by 
experts, 
the 
Committee 
makes 
the 
following 
recommendations: 
 
1. Declare the Lahore Canal Area to be a Heritage Urban Park 
 
The green belt along the Lahore Canal and on either side of the 
Lahore Canal Road, from where it begins near (Jallo) the BRB-
Suo Moto Case No. 25 of 2009 
 
18 
Link Canal till Thokar Niaz Beg should be declared a heritage 
urban park under special legislation drafted specifically for this 
purpose.  Declaring the Canal Road area a heritage urban park 
would be to protect its ecosystem from further degradation, 
make it accessible to the public and common man as well as for 
the purposes of controlling traffic along the Canal Road and 
for taking measures to clean the water that flows in the Lahore 
Canal. A proposed draft of the Lahore Canal (Heritage Urban 
Park) Act, 2011 is attached as Annexure H. The Government of 
the Punjab is requested to initiate the implementation of this 
recommendation. 
 
2. Correct the “Incorrect Underpasses” on the Canal Road 
 
During the proceedings of the Committee, it became clear that 
the design of the underpasses at Jail Road and Ferozepur Road 
(the “Incorrect Underpasses”), the first two underpasses built 
in Lahore and designed by NESPAK, were not in accordance 
with appropriate traffic engineering solutions and that these 
Incorrect Underpasses constitute a serious traffic safety 
hazard.   
 
The Incorrect Underpasses are incorrectly situated in the 
slower/left lanes.  International design standards and 
conventions stipulate that underpasses are to be located in the 
fast lane.  Due to this flaw, the through traffic movement 
towards the Incorrect Underpasses is suddenly diverted to the 
left lane instead of flowing straight in the right lane as is the 
case with all the other underpasses later correctly constructed 
along the Lahore Canal Road. A diagrammatic representation 
of the design flaw in the Incorrect Underpasses is given below: 
2
20 April 2011
Lahore Bachao Tehreek
 
 
It can be seen that for the through traffic moving in the 
right/fast lane, electing to use an underpass (red lines) requires 
an abrupt change in lanes and a move to the slower/left lanes.  
This “weaving” creates a direct conflict with the traffic moving 
in the slow lane, which is forced to dangerously traverse on to 
the right lane towards the at-grade-junction/intersection.  
 
Fast-moving traffic moving through and out of the Incorrect 
Underpasses also meets with slower vehicular movement 
coming from the at-grade-junction / intersection (green line). 
Resultantly, the fast-moving traffic going through and coming 
out of the Incorrect Underpasses criss-crosses with slow 
Suo Moto Case No. 25 of 2009 
 
19 
moving traffic and creates direct conflict points (red circles) 
instead of smooth weaving and merging. This raises serious 
road/traffic safety issues and destructs the smooth flow of 
traffic. As Mr. Karamat Ullah Chaudhry, former Managing 
Director, NESPAK, explained, in an email to the Committee 
dated 3 May 2011: 
 
The reason I said the design was wrong was based on the fact 
that in these two underpasses at Jail and Ferozepur Road, the 
traffic from the slow lane not wishing to enter the underpass 
has to cross the fast lane if it wants to exit. Secondly, on the 
other side the traffic entering the main flow coming out of the 
underpass enters the fast lane. … [I]f the vehicle is a rickshaw 
how it can manage this…. Traffic wishing to leave or enter a 
main flow should always do so from/to slow lane, or the lane on 
the left. If traffic enters the fast lane, it is downright dangerous. 
 
The Incorrect Underpasses, therefore, need to be re-aligned 
and reconstructed in accordance with internationally accepted 
design standards and parameters. 
 
Similarly, the Committee noted that the bypasses at the Jinnah 
and Doctor’s Hospital intersections required geometric 
improvements as the fast and slow-moving traffic do not 
smoothly weave and merge.  This causes traffic conflict points 
and creates traffic safety hazards.  A representation of the 
problem is given below: 
 
22
20 April 2011
Lahore Bachao Tehreek
 
3. Re-engineer the Junctions along the Canal Road 
 
There are, broadly, two (2) categories of intersections along the 
Canal.  These are: 
 
(1) Roads traversing through the Canal Road 
 
With respect to these types of intersections, the Committee 
noted the fact that, in all, there were twelve (12) such 
intersections over the Lahore Canal and that several of these 
intersections carried significantly higher traffic volumes across 
the Canal Road than the traffic that flowed on the Canal Road.   
 
Suo Moto Case No. 25 of 2009 
 
20 
The straight and turning traffic movement along the Canal 
Road that does not go through the underpasses also uses these 
intersections. It was observed by the Committee that the 
designed capacity of these intersections is not sufficient to 
accommodate the large traffic volumes and that as a result, 
there are bottlenecks on these intersections.  It is recommended 
that these intersections are re-modelled after a traffic capacity 
analysis and designed in accordance with standard geometric 
design. This will help to have a smooth flow of traffic at these 
intersections and will reduce congestion.  In addition, signals 
along the corridor and at intersections over the Canal Road 
should be gully actuated and traffic signage should be of 
international standard. 
 
(2) Roads and streets connecting to the Canal Road 
 
These roads and streets connect the Canal Road and 
predominantly emanate from housing schemes and individual 
houses. The Committee noted that these were unplanned access 
routes built for a variety of reasons, which provide connectivity 
to the housing schemes or private residences along the Canal 
Road. The traffic entering and exiting from these intersections 
slows traffic movement along the Canal Road. This leads to 
undue stoppages and causes congestion.  
 
The Committee is of the opinion that there should not be direct 
connections of the Canal Road to housing schemes and private 
residences. Traffic generated and attracted by these housing 
schemes and residences requires the construction of a network 
of service roads, preferably in a one-way loop system, with 
proper geometrics to enable smooth weaving and merging of 
traffic from and onto the Canal Road.   
 
Also, bus bays constructed along the length of the Canal Road 
require redesigning in order to facilitate the smooth entry and 
exit of vehicles and to minimize traffic turbulence. 
 
4. Construct Service Roads along Certain Parts of the Canal 
Road 
 
The Committee specially notes that there is no service road 
along the stretch of the Lahore Canal from the Doctor’s 
Hospital intersection to Thokar Niaz Beg. The absence of a 
service road along this stretch of the Canal road corridor has 
resulted in numerous direct access roads, connecting the 
various housing schemes and private residences. The direct 
traffic entry and exit from these developments on to the Canal 
Road results in traffic conflict points, disrupts smooth flow of 
traffic and causes congestion, delays and accidents.  
 
The Committee is of the opinion that there is an immediate 
requirement to provide a one-way loop service road system 
along the entire length of the Canal Road (except the Punjab 
University premises between the Campus underpass and the 
Suo Moto Case No. 25 of 2009 
 
21 
Jinnah Hospital underpass) with appropriately designed 
smooth entry and exit points to avoid traffic turbulence and 
congestion. In addition, the Committee recommends that 
housing schemes and academic institutions that have absorbed 
service lanes within their boundaries or in violation of zoning 
laws should be approached to rectify this mistake. However, the 
Committee also noted that some of these measures are already 
being undertaken by the Punjab Government. 
 
The service lanes can also serve as an alternative route for 
emergency vehicles during traffic congestion as pointed out by 
Dr. Rizwan Naseer (Annexure D/8). 
 
5. Implement Traffic Management Programs 
 
The Committee noted with some concern that the TEPA, LDA 
and Government of Punjab had no medium term traffic 
management programs for the city of Lahore.  Such programs, 
which are in contrast to the road development and 
infrastructure projects being pursued elsewhere in the city, are 
for the management of traffic.  Such programs treat the existing 
road network as a resource and generate management plans 
geared to maximizing the usage of the resource.  Management 
proposals could include restricting the usage along certain 
parts of the Canal Road to certain categories of vehicles.  For 
example, goods vehicles should be required to use the Ring 
Road to access the M2 or N5, private vehicles can be 
discouraged at certain times and along certain places and so 
on. Incentives/disincentives can be created to influence traffic 
frequency on the Canal Bank Road. These can, inter alia, be 
congestion charges during certain hours, staggering the school 
hours of educational institutions, requiring minimum number of 
passengers in a car at peak hours to encourage pooling 
arrangements. 
 
6. Public Transportation 
 
The Punjab Government has announced a dedicated commitment to 
public transport. In the first phase, it plans to put 400 new buses on 
the road by December 2011. This number should be increased. 
Apart from increasing the number of buses, the Punjab Government 
should require all major educational school and college systems to 
provide mandatory bus services for all their students and staff. This 
would drastically reduce congestion of cars on the Canal Bank 
Road and other roads. Public transportation systems should be 
supported by state of the art maintenance and servicing facilities.  
 
There is need for a rapid mass transit system. This would be 
planning in the right direction for a major urban metropolis.  A 
pictorial representation of the effect of potential public transport on 
reduction of traffic congestion is given below: 
 
Suo Moto Case No. 25 of 2009 
 
22 
 
 
7. Divert the Through-Traffic on the Canal Road onto New Traffic 
Corridors 
 
The Committee noted that the main entry and exit traffic hub for the 
city of Lahore was towards its northern side from Shahdara along 
the G.T. Road (N-5). This is due to the up and down country traffic 
movement and the heavy influx from nearby Gujranwala and 
Sheikhupura cities.  
 
The traffic congestion on the Canal Bank Road is already being 
relieved by recent completion/construction/planning of the 
Northern Loop of the Ring Road and Multan Road. It is imperative 
that the Southern Bypass connecting Ferozepur Road be completed 
soonest. 
 
A pictorial representation of the diversion to other/new traffic 
corridors is given below: 
N5 – Multan Road
2
20 April 2011
Lahore Bachao Tehreek
Lahore Ring Road
M2
Lahore Canal
 
 
A detailed description of the broad overall planning guidelines for 
the city of Lahore can be seen in Mr. Umar Farooq’s presentation 
(Annexure D/10) and to a summary of the same provided for in 
Annexure G. 
Suo Moto Case No. 25 of 2009 
 
23 
8. Declare the Punjab University New Campus area as a “Go-
Slow” Area 
 
The Committee noted the fact that the present site of the New 
Campus of the Punjab University was selected, befitting an 
educational institution, because of its tranquil and serene nature 
removed from the bustle of the city and perfect for academic 
reflection.  The unplanned growth of the city, however, has placed 
the New Campus in the middle of the city and along an increasingly 
congested and noisy Canal Road.  The Committee is of the view 
that the length of the Lahore Canal through the New Campus of the 
Punjab University is of a particularly significant nature and that 
efforts to reduce traffic congestion along this length of the Canal 
Road was most important.  Accordingly, given the status of the 
educational institution, the Committee recommends that the length 
of the Lahore Canal and Canal Road along and through the New 
Campus of the Punjab University should be declared a special 
traffic calming zone where a much lower speed limit, coupled with 
speed breakers and other traffic calming devices, should be 
enforced.   
 
9. Treat the Lahore Canal in a Holistic Manner 
 
The Committee was mindful that its terms of reference extended 
along the Lahore Canal only from the Dharampura underpass to 
the Thokar Niaz Beg overpass.  However, the Committee was of the 
opinion that the traffic management and urban planning issues of 
Lahore were such that the Canal Road should be considered in its 
entirety from where it begins near the BRB-Link Canal through the 
Thokar Niaz Beg overpass.  A holistic view of the city was 
necessary and this could only be done if the Lahore Canal is 
perceived within the overall comprehensive future of Lahore and its 
surroundings.   
10.  Noise Pollution 
 
The Committee also recognized that the increasing traffic on the 
Lahore Canal Road would create huge noise and air pollution in 
the years to come.  The present noise levels already require some 
mitigation measures such as the use of noise pads for adjoining 
residential colonies, hospitals, and schools.  But the trend to keep 
adding more traffic lanes to meet increasing traffic over years 
would reduce the Lahore Canal corridor to an unacceptable noisy 
and polluted part of Lahore.  The Committee’s recommendations 
are shaped by this vision of the future. 
 
11. Ecosystem Preservation 
 
In his presentation, Study of Some Tree Species in Canal Bank Area 
– The Long Green Corridor of Lahore (Annexure D/5), Dr. Khalid 
Hamid Sheikh concluded, on a study of twenty four (24) species of 
randomly selected trees, that the trees along the Canal were “well 
developed”. 
 
Suo Moto Case No. 25 of 2009 
 
24 
The WWF-Pakistan, in its Study of Ecology and Ecological 
Linkages of Lahore Canal Bank from Mustafabad Bridge to Thokar 
Niaz Beg found that there were some 21,430 trees and shrubs along 
the Canal and some forty-four (44) bird species were identified.  
The study also found that birds were ecologically linked to the tree 
species growing along the Canal.  Also, cavity nesters such as rose-
ringed parakeets, common mynas, spotted owl and coppersmith 
barbets were observed nesting in the poplar, eucalyptus and pipal 
trees along the Canal.  A copy of the WWF-Pakistan ecological 
survey is attached as Annexure I. 
 
The Committee was of the opinion that the ecological heritage 
represented by the Canal should be preserved for future 
generations of Lahoris to enjoy. 
 
12. Cleaning and Improving Water Quality of Canal 
 
The sources of effluent, sewage and waste into the Lahore Canal 
should be identified.  Civil society as well as government agencies 
should team up to clean the Lahore Canal so that exposure to its 
water is not harmful or dangerous to health and with an aim of 
bringing the quality of the water of the Lahore Canal to the 
minimum guidelines determined by the World Health Organization 
for recreational water use.  The Committee was inspired by the 
examples of civil society and government initiatives in cleaning up 
the Boston Harbour in the USA and the Cheonggyecheon Stream in 
Seoul, South Korea. 
 
 
The Cheonggyecheon Stream before and after its greening 
 
 
13. People-Centric Planning 
 
The Committee noted that the urban planning agenda currently in 
place is heavily in favour of automobile induced urban sprawl.  
Sprawl is resource inefficient and takes away from what the 
Committee believes should be the inspiration for urban planning 
and development: the people of the city.  The Committee would like 
to recommend a change in the urban agenda to include a more 
people-friendly and people-centric development. Pedestrians and 
Suo Moto Case No. 25 of 2009 
 
25 
cyclists are routinely ignored in road planning. This orientation 
needs to be balanced. 
 
14. Restoring Communal Life on Canal 
 
With reference to Recommendation 13 above, the Committee 
appreciated the efforts of Mr. Abdul Jabbar Shaheen in creating 
people-friendly environments along the Canal Road particularly 
near Dharampura.  The sight of the common man enjoying 
recreational facilities, so ably put in place by Mr. Jabbar, is a great 
example of how small efforts can restore communal life in our 
cities.  The Committee recommends the addition of such recreation 
spots along the entire length of the Canal so as to promote and 
protect democratic social interaction.  In addition, and in 
furtherance of Recommendations 12 and 13, the Committee 
recommends the introduction and implementation of a monthly 
“car free day” along the Canal Road.  Such an event can be 
organized in selected sectors of the Canal Bank Road, on a 
rotational basis, with the assistance of the local administration and 
would involve declaring the Lahore Canal a “car free” pedestrian 
zone between given times of the day, promoting various sports and 
recreational activities along the Canal and encouraging residents 
and citizens to participate. This needs to be planned around 
available parking facilities. The cleaner waters of the Canal would 
be reclaimed as the largest urban swimming pool and a monthly 
Lahore Canal “Carnival”/Meena Bazaar developed around the 
“car free day” would soon develop into the city’s most used park. 
 
 
 
Example of the PHA’s work along the Canal Road near Dharampura/Shalimar Underpasses 
 
15. Public Participation in Lahore Canal Governance 
 
The Committee is of the view that active communities and civil 
society are necessary conditions for good governance and that, the 
commitment of the members of the LBT in campaigning for the 
preservation of the Lahore Canal displays an enormous goodwill.  
The Committee is of the view that this enormous goodwill should be 
harnessed for the greater good of this and future generations of 
Lahoris and that, to this end, an Advisory Committee should be 
established for the purposes of implementing and overseeing the 
Suo Moto Case No. 25 of 2009 
 
26 
recommendations of the Committee.  This is included in Chapter III 
of the proposed Lahore Canal (Heritage Urban Park) Act, 2011 
(Annexure H). 
 
16. Ambulance/Medical Emergencies 
 
The officials of Rescue 1122 emergency services repeatedly 
stressed the importance of removing encroachments along the 
Canal Road and ensuring a smooth flow of traffic at all times for 
the purpose of facilitating emergency vehicles taking patients to 
hospitals.  The officials were of the view that while it was 
acceptable that alternative routes to hospital and healthcare 
facilities should be identified and developed in the long term, there 
was a strong need for a short term solution to the congestion along 
the Canal Road such as selected widening of the Road. 
 
17. Limited Widening of Road 
 
The total distance on one side of the Canal Road from Dharampura 
to Thokar Niaz Beg is 14.5 KM. Out of these different sections, 6.59 
KM road has already been widened before the reference of this 
matter to mediation. 
 
The congestion on the remaining about 8 KM is particularly acute 
in certain locations, leading not only to prolonged delays but also 
causing safety hazards because ambulances and rescue vehicles 
are caught up in traffic and unable to move swiftly. 
 
The Committee, after a detailed site visit to these stretches of the 
Canal Road and discussion with the concerned officials, 
recommends that this short-term congestion can be relieved to 
some extent if the third lane is allowed to be added at the following 
locations on both sides of the Canal: 
 
? Mall Road to Jail Road … 
525 M 
 (Eastern) 
 
 
460 M  
(Western) 
? Jail Road to F.C. College… 
550 M  
(Eastern) 
 … 
550 M  
(Western) 
? University Campus to Jinnah Hospital… 
1,700 M 
(Eastern) 
 … 
1,700 M 
(Western) 
? Jinnah Hospital to Doctors Hospital… 
700 M 
(Eastern) 
 … 
750 M 
(Western) 
 
These stretches totalling a maximum of 3.525 KM on each side, as 
shown in Annexure J/1 to J/4, have 642 trees. And 60% (about 385) 
of these trees are of eucalyptus specie. Every effort should be made 
to build the third lane in these stretches on the edges of the existing 
road to reduce to a minimum the area taken from the green belt on 
both sides of the Canal Road. 
 
The last stretch from Doctors Hospital to Thokar Niaz Beg (2.6 
KM) is getting increasingly congested because of the volume of 
traffic generated from housing colonies like M.A. Johar Town and 
Suo Moto Case No. 25 of 2009 
 
27 
a large number of other colonies beyond Thokar Niaz Beg and 
areas on and around Raiwind Road. However, with the 
construction of service roads, as per Recommendation No. 4, the 
flow on the Canal Road can be reduced. In addition, some 
improvement can be achieved without encroaching on the green 
belt, if the trees on the edges of the road causing bottlenecks (about 
460 trees including about 310 eucalyptus) (Annexure K), are 
removed to improve earthen shoulders and bus bays are provided 
at suitable points. The Committee does not recommend the 
widening of the Canal Road through a third lane in this stretch. 
 
For each tree felled in any sector of the Lahore Canal Road, the 
Punjab Government will plant at least a hundred (100) mature 
trees in replacement. 
 
 
 
18.  Sector-Specific Recommendations 
 
Although the mandate of the Committee from the Supreme Court 
was only for the Canal Bank Road from Dharampura to Thokar 
Niaz 
Beg, 
our 
recommendations 
cover, 
because 
of 
the 
interdependence of urban planning issues, the area upstream of 
Dharampura as well as downstream from Thokar Niaz Beg in the 
following, sector-specific recommendations: 
 
(1) Jallo Mor to Dharampura Underpass 
 
The Committee recommends a moratorium on all new commercial 
activity and draws attention to the ongoing unplanned development 
and encroachment (of green belt) activity in this sector. Service 
roads in this sector deserve special attention. 
 
The Punjab Government has no proposal for the Canal Bank Road 
or an underpass in this sector but its future planning should be 
guided by the Recommendations of the Committee. 
 
(2) 
Dharampura Underpass to Mall Road Underpass 
 
The Committee is of the opinion that this sector is working well but 
indicates that the encroachments and restrictions along the service 
road should be removed in order to facilitate a smooth flow of 
traffic. 
 
The Punjab Government has no proposal for the Canal Bank Road 
or an underpass in this sector but its future planning should be 
guided by the Recommendations of the Committee. 
 
 
(3) 
Mall Road Underpass to Jail Road Underpass 
 
The Committee is of the opinion that entry and exit points along 
this sector may be streamlined to promote smooth entry and exit 
from the Canal Road and to minimize traffic turbulence. 
 
Suo Moto Case No. 25 of 2009 
 
28 
(4) 
Jail Road Underpass to F.C. College Underpass 
 
In addition to its Recommendation No. 2 above, the Committee 
recommends the enforcement of land-use and zoning laws in the 
areas adjacent to the Lahore Canal in this sector. 
 
 
 
(5) 
Campus Underpass to Jinnah Underpass 
 
As per the recommendation of the Committee, this sector of the 
Canal will be subject to traffic diversions to Multan Road on the 
north of the Canal and Usmani Road on the South of Canal.  
Appropriate signage will also be necessary to announce these 
diversions.  These diversions will also benefit from the signal free 
corridor being constructed at Kalma Chowk for traffic flowing from 
Garden Town to Liberty Market. 
 
(6) 
Jinnah Underpass to Thokar Niaz Beg 
 
The Committee reiterates its Recommendation No. 7 above, namely 
that traffic to the Old CBD and New CBD should be diverted from 
the Canal Road and onto the Multan Road and the Southern Bypass 
respectively.  The Committee also recommends the construction of 
radial/arterial roads along a northwest-southeast axis as proposed 
by the 1991 JICA Lahore Urban Transport Master Plan. These 
radial/arterial roads will also assist in diverting traffic from the 
Canal Road as envisaged in Recommendation No. 4 above. 
 
The Committee is also of the view that the results of the current 
Lahore Urban Transport Master Plan study being conducted by the 
Transport Department of the Government of the Punjab will be 
instructive in this regard. 
 
(7) 
Beyond Thokar Niaz Beg 
 
The Committee recommends a moratorium on new commercial 
development as well a check on unplanned development along this 
sector of the Lahore Canal just as it recommended in No. (1) 
above. 
 
H. Conclusions 
 
In conclusion, the Committee points out that its 
Recommendations form a complete package with each 
component interlinked and complementing each another.  
The Committee is of the opinion that the strength and 
weight of its recommendations will be diluted if there is any 
“cherry 
picking” 
of 
its 
recommendations. 
The 
implementation of the Recommendations should be owned 
by the Government of the Punjab at the outset so that these 
recommendations are implemented holistically both in 
letter and spirit, through a detailed and co-ordinated work 
Suo Moto Case No. 25 of 2009 
 
29 
plan, as a “compact” of the Government of the Punjab with 
the city of Lahore.” 
 
 
9. 
Copies of the Mediation Committee Report were given to the 
petitioner and all concerned. Petitioners mostly agreed with the recommendations 
but have raised written objections mainly qua clause 17. Some of the objections 
related to the procedure adopted by the Committee and some related to inclusion 
of three members who according to petitioner, have political affiliations with the 
Provincial Government and which may have affected their neutrality. It was  
averred  that out of eight committee  members only two professional experts were 
included. During course of  arguments, on  Court query, the Convener of the LBT, 
Ms. Imrana Tiawana however, candidly stated  that she  agreed  with 95% of the 
recommendations made by Mediation Committee but took serious exception to 
Clause 17 of the recommendations wherein the widening of road has been 
increased from initial 1.5 KM to 3.5 KM without any reason. This widening was 
opposed by the petitioner as according to her, after adoption of the proposed 
Heritage Park Act and the recommended policy for the Canal Road as suggested 
by the Mediation Committee, there would be no need for widening of the road 
because the alternate measures proposed by the Mediation Committee would 
solve the traffic congestion and other related issues. The recommended measures 
include improvement of junctions, better traffic management systems, better 
utilization of service roads, completion of other traffic related projects such as the 
ring road and southern bypass, and the improvement of public urban transport, 
creation of “go slow” areas and the improvement of the secondary and tertiary 
road network etc will obviate the need of widening the Canal Road.  
10. 
Mr. Arif Hassan who represented the petitioners in the Mediation 
Committee also objected only to the proposed widening. He was of the view as 
follows:- 
Suo Moto Case No. 25 of 2009 
 
30 
“I fully endorse the conceptual framework of mediation 
report and recommendations 1 to 16. However, I do not 
endorse recommendation 17 and feel the recommendations 
in item 18 should be subservient to concept of not widening 
any length of Canal Bank Corridor…….. 
The loss of 3.525 kilometers of exceptionally beautiful 
landscape and flora should, in my opinion, not be permitted 
simply because of automobile pressure. I would go a step 
further and say that the some of the areas lost to automobile 
along the Canal Bank can be reclaimed without increasing 
traffic congestion.” 
 
 
11. 
Having considered the submissions made by petitioners, learned 
counsel for the parties, the report submitted by the Mediation Committee and the 
precedent case law relied upon, the issues which crop up for consideration 
broadly speaking are as follows:- 
i) 
Whether the Canal Road Project is violative of the Pakistan 
Environmental Protection Act (PEPA) and the regulations framed 
thereunder?  
ii) 
Whether the approval granted by the Environmental Protection 
Authority-Punjab (EPA-Punjab) was mechanical at the asking of 
the Government of Punjab and does not reflect conscious 
application of mind?  
iii) 
Whether the Canal Road Project is in consonance with the concept 
of sustainable urban development? 
iv) 
Whether the precautionary principles of ecological protection as 
reiterated in Shehla Zia’s case have been ignored in designing and 
approving the Canal Road Project?  
v) 
Whether having consented to the referral of the matter to the 
mediation, can the petitioners join issue with the recommendations 
made by the Mediation Committee? 
Suo Moto Case No. 25 of 2009 
 
31 
vi) 
Whether the policy making domain in which the Canal Road 
Project falls, is the exclusive preserve of Executive Authority and 
can this Court, in these proceedings, interfere in the said domain? 
vii) 
Whether the project entailing widening of the road on both sides of 
the Canal, which would have the effect of reducing the area of 
green belt, is violative of the Doctrine of Public Trust? and 
viii) 
Whether the Canal Road Project, if implemented, is likely to cause 
environmental degradation and thereby would be violative of the 
fundamental rights of Right to life (Article 9 of the Constitution) 
and Right to human dignity (Article 14 of the Constitution)? 
 
Issues No. (i) 
Whether the Canal Road Project is violative of the Pakistan Environmental 
Protection Act (PEPA) and the regulations framed thereunder? 
 
12. 
Before dilating on the legality of the Canal Road Project, it would 
be in order to refer to some of the relevant provisions under which it was 
examined and approved. Section 12 of the PEPA mandates that initial 
environmental examination and EIA would be carried out by concerned 
government agency which in the instant case is Provincial Government of Punjab. 
Section 12 reads as follows:- 
“12. 
Initial 
environmental 
examination 
and 
environmental impact assessment.--(I) No proponent of a 
project shall commence construction or operation unless he 
has filed with the Federal Agency an initial environmental 
examination or, where the project is likely to cause an 
adverse environmental effect, an environmental impact 
assessment, and has obtained from the Federal Agency 
approval in respect thereof. 
 
(2) The Government Agency shall subject to standards fixed 
by the Federal Environmental Protection Agency--- 
(a) ……. 
(b) review the environmental impact assessment and accord 
its approval subject to such conditions as it may deem fit to 
impose, require that the environmental impact assessment 
be re-submitted after such modifications as may be 
Suo Moto Case No. 25 of 2009 
 
32 
stipulated or reject the project as being contrary to 
environmental objectives. 
(3) Every review of an environmental impact assessment 
shall be carried out with public participation and no 
information will be disclosed during the course of such 
public participation which relates to-- 
(i) …….. 
(ii) …….. 
(iii) ……. 
(4) The Federal Agency shall communicate its approval or 
otherwise within a period of four months from the date the 
initial environmental examination or environmental impact 
assessment is filed complete in all respects in accordance 
with the prescribed procedure, failing which the initial 
environmental examination or, as the case may be, the 
environmental impact assessment shall be deemed to have 
been approved, to the extent to which it does not contravene 
the provisions of this Act and the rules and regulations 
made thereunder. 
26. Power to delegate.--(.1) The Federal Government may, 
by notification in the official Gazette, delegate any of its or 
of the Federal Agency's powers and functions under this Act 
and the rules and regulations made thereunder to any; 
Provincial Government any Government Agency, local 
council or local authority. 
(2) The Provincial Government may, by notification in the 
official Gazette, delegate any of its or of the Provincial 
Agency's powers or functions under this Act and the rules 
and regulations made thereunder to any Government 
Agency of such Provincial Government or any local council 
or local authority in the Province.” 
 
13. 
The powers of the Federal Government to carry out the EIA under 
the law were delegated to the Provincial Government under the afore-referred 
provision vide Notification No. SRO.1251(I)/98 dated 27.10.1998 which reads as 
follows:- 
“S.R.O. 1251 (I)/98.---In exercise of the powers conferred 
by sub-section (1) of section 26 of the Pakistan 
Environmental Protection Act, 1997 (XXXIV of 1997), the 
Federal Government is pleased to delegate to the 
Provincial Government, Province of the Punjab, the powers 
Suo Moto Case No. 25 of 2009 
 
33 
and functions of the Pakistan Environmental Protection 
Agency under the provisions of the said Act specified in 
column (2) of the table below subject to the conditions and 
limitations specified in column (3) of that table.” 
 
 
14. 
To give effect to PEPA, the Federal Government issued the 
Review of IEE and EIA Regulations. A reference to some of these regulations 
would be in order:- 
“3. Projects requiring an IEE. A proponent of a project 
falling in any category listed in Schedule I shall file an IEE 
with the Federal Agency, and the provisions of section 12 
shall apply to such project. 
4. Projects requiring an EIA. A proponent of a project 
falling in any category listed in Schedule II shall file an EIA 
with the Federal Agency, and the provisions of section 12 
shall apply to such project. 
 
8. Filing of IEE and EIA. (1) Ten paper copies and two 
electronic copies of an IEE or EIA shall be filed with the 
Federal Agency. 
(2) Every IEE and EIA shall be accompanied by--- 
(a) an application, in the form prescribed in Schedule IV; 
and 
(b) copy of receipt showing payment of the Review Fee. 
 
10. Public participation---(1) In the case of an EIA, the 
Federal Agency shall, simultaneously with issue of 
confirmation of completeness under clause (a) of sub-
regulation (1) of Regulation 9, cause to be published in any 
English or Urdu national newspaper and in a local 
newspaper of general circulation in the area affected by the 
project, a public notice mentioning the type of project, its 
exact location, the name and address of the proponent and 
the places at which the EIA of the project can, subject to the 
restrictions in sub-section (3) of section 12, be accessed. 
 
(2) The notice issued under sub-regulation (1) shall fix a 
date, time and place 
for public hearing of any comments on the project or its 
EIA. 
 
(5) All comments received by the Federal Agency from the 
public or any Government Agency shall be collated, 
tabulated and duly considered by it before decision on the 
EIA. 
 
11. Review 
 
(1) The Federal Agency shall make every effort to carry out 
its review of the IEE within 45 days, and of the EIA 
Suo Moto Case No. 25 of 2009 
 
34 
within 90 days, of issue of confirmation of completeness 
under Regulation 9. 
(2) In reviewing the IEE or EIA, the Federal Agency shall 
consult such Committee of Experts as may be 
constituted for the purpose by the Director-General, 
and may also solicit views of the sectoral Advisory 
Committee, if any, constituted by the Federal 
Government under subsection (6) of section 5. 
(3) The Director-General may, where he considers it 
necessary, constitute a committee to inspect the site of 
the project and submit its report on such matters as may 
be specified.  
(4) The review of the IEE or EIA by the Federal Agency 
shall be based on quantitative and qualitative 
assessment of the documents and data furnished by the 
proponent, comments from the public and Government 
Agencies received under Regulation 10, and views of 
the committees mentioned in sub-regulations (2) and (3) 
above. 
 
12. Decision 
 
On completion of the review, the decision of the Federal 
Agency shall be communicated to the proponent in the form 
prescribed in Schedule V in the case of an IEE, and in the 
form prescribed in Schedule VI in the case of an EIA. 
 
13. Conditions of approval 
 
(1) Every approval of an IEE or EIA shall, in addition to 
such conditions as may be imposed by the Federal Agency, 
be subject to the condition that the project shall be designed 
and constructed, and mitigatory and other measures 
adopted, strictly in accordance with the IEE/EIA, unless 
any variation thereto have been specified in the approval by 
the Federal Agency. 
 
(2) Where the Federal Agency accords its approval subject 
to certain conditions, the proponent shall – 
 
(a) before commencing construction of the project, 
acknowledge acceptance of the stipulated conditions by 
executing an undertaking in the form prescribed in 
Schedule VII; 
 
(b) before commencing operation of the project, obtain 
from the Federal Agency written confirmation that the 
conditions of approval, and the requirements in the 
IEE/EIA relating to design and construction, adoption of 
mitigatory and other measures and other relevant 
matters, have been duly complied with.” 
 
Suo Moto Case No. 25 of 2009 
 
35 
15. 
An examination of the material placed before this Court reveals 
that the afore-referred provisions of the Act and the Regulations framed 
thereunder were strictly complied with. Admittedly, the project designed by 
TEPA was initially approved by the Provincial Government and then was referred 
to EPA-Punjab which in terms of Sub-section (3) of Section 12 read with Rule 4 
of the Regulations carried out public hearing. It also constituted a committee 
consisting of ten experts in terms of Regulation No. 11 (2) of Review of IEE and 
EIA Regulations who were consulted before the grant of approval and in terms of 
Rule 13. The EPA-Punjab also laid down stringent conditions/precautionary 
measures as also ameliorative steps to minimize the effect of cutting of some trees 
and damage to the green belt on both sides of the road. In the light of the afore-
referred facts, we find that the approval was granted by strictly complying with 
PEPA and the regulations framed thereunder and there was no illegality 
whatsoever. 
 
Issues No. (ii), (iv) & (viii) 
(ii) Whether the approval granted by the Environmental Protection Authroity-
Punjab (EPA-Punjab) was mechanical at the asking of the Government of Punjab 
and does not reflect conscious application of mind? 
 
(iv) Whether the precautionary principles of ecological protection as reiterated in 
Shehla Zia’s case have been ignored in designing and approving the Canal Road 
Project? and 
 
(viii) Whether the Project, if implemented, is likely to cause environmental 
degradation and thereby would be violative of the fundamental rights of Right to 
life (Article 9 of the Constitution) and Right to human dignity (Article 14 of the 
Constitution)? 
 
 
16. 
This Court took suo moto notice of the letter addressed to the 
Hon’ble Chief Justice of Pakistan because it was canvassed that the project under 
challenge would result in de-forestation and depletion of the green belt; would 
give fatal blow to the Flora and Fauna on both sides of the Canal Road and 
Suo Moto Case No. 25 of 2009 
 
36 
thereby lead to an ecological and environmental disaster. This fallout, it was 
contended, would be violative of the Fundamental Right to Life (Article 9 of the 
Constitution) and may also have the effect of degrading human existence 
(violation of Article 14 of the Constitution). The Courts in almost all liberal 
democracies have given an expanded meaning to the Fundamental Right to Life in 
the wake of growing urbanization and the environmental changes that it brings. 
Dilating on the ambit of fundamental right of right to life, this Court in Shehla Zia 
v. WAPDA (PLD 1994 SC 693) held as follows:- 
“Article 9 of the Constitution provides that no person shall 
be derived of life or liberty save in accordance with law. 
The word `life' is very significant as it covers all facts of 
human existence. The word `life' has not been defined in the 
Constitution but it does not mean nor can it be restricted 
only to the vegetative or animal life or mere existence from 
conception to death. Life includes all such amenities and 
facilities which a person born in a free country, is entitled 
to enjoy with dignity, legally and constitutionally. For the 
purposes of present controversy suffice to say that a person 
is entitled to protection of law from being exposed to 
hazards of electromagnetic fields or any other such hazards 
which may be due to installation and construction of any 
grid station, any factory, power station or such like 
installations. Under the common law a person whose right 
of easement, property or health is adversely affected by any 
act or omission or commission of a third person in the 
neighborhood or at a far off place, is entitled to seek an 
injunction and also claim damages, but the Constitutional 
rights are higher than the legal rights conferred by law be it 
municipal law or the common law. Such a danger as 
depicted, the possibility of which cannot be excluded, is 
bound to affect a large number of people who may suffer 
from it unknowingly because of lack of awareness, 
information and education and also because such 
sufferance is silent and fatal and most of the people who 
would be residing near, under or at a dangerous distance of 
the grid station or such installation do not know that they 
are facing any risk or are likely to suffer by such risk. 
Therefore, Article 184 can be invoked because a large 
number of citizens throughout the country cannot make 
such representation and may not like to make it due to 
ignorance, poverty and disability. Only some conscientious 
citizens aware of their rights and the, possibility of danger 
come forward and this has happened so in the present case. 
According to Oxford dictionary, `life' meant state of all 
functional activity and continual change peculiar to 
organized matter and specially to the portion of it 
Suo Moto Case No. 25 of 2009 
 
37 
constituting an animal or plant before death and animate 
existence." 
In Black's Law Dictionary, `life' means "that state of 
animals, humans, and plants or of an organized being, in 
which its natural functions and motions are performed, or 
in which its organs are capable of performing their 
functions. The interval between birth and death. The sum of 
the forces by which death is resisted………."Life" protected 
by the Federal Constitution includes all personal rights and 
their 
enjoyment 
of 
the 
faculties, 
acquiring 
useful 
knowledge, the right to marry, establish a home and bring 
up children, freedom of worship, conscience; contract, 
occupation, speech, assembly and press". 
The Constitutional Law in America provides an extensive 
and wide meaning to the word `life' which includes all such 
rights which are necessary and essential for leading a free, 
proper, comfortable and clean life. The requirement of 
acquiring knowledge, to establish home, the freedoms as 
contemplated by the Constitution, the personal rights and 
their enjoyment are nothing but part of life. A person is 
entitled to enjoy his personal rights and to be protected 
from encroachments on such personal rights, freedom and 
liberties. Any action taken which may create hazards of life 
will be encroaching upon the personal rights of a citizen to 
enjoy the life according to law. In the present case this is 
the complaint the petitioners have made. In our view the 
word `life' constitutionally is so wide that the danger and 
encroachment complained of would impinge fundamental 
right of a citizen. In this view of the matter the petition is 
maintainable.” 
 
 
 
17. 
The Canal Road Project is neither a plant omitting hazardous 
gases nor releasing pollutants in the canal water. It aims at widening the road on 
both sides of the Canal Bank which of necessity would cause some damage to the 
green belt and thereby affect environment. The apprehended change or damage 
which has neither been quantified nor ascertained per se may not be violative of 
Fundamental Right of Right to Life (Article 9 of the Constitution) unless it is 
shown by placing incontrovertible material before this Court that it would lead to 
hazardous effects on environment and ecology to an extent; that it would seriously 
affect human living. A close perusal of Canal Road Project indicates that before 
its approval, TEPA referred the matter to NESPAK which carried out the requisite 
studies and after detailed analysis came to the conclusion that the Canal Road 
Suo Moto Case No. 25 of 2009 
 
38 
Project is environmentally viable; that only 1800 trees would be cut as against the 
apprehension that it would lead to cutting of 33000 trees; that 60% of the trees 
which are likely to be affected are eucalyptus which are even otherwise not 
beneficial to the soil and environment. The EIA Report also reflects that 
feasibility of other alternative solutions suggested to combat traffic congestion 
were considered by it and it was found that the project prepared by TEPA was 
most feasible. It also suggested mitigative measures and precautions to ensure that 
there was minimum damage to ecology and environment of the area. The 
argument that the widening of roads on both side of the Canal would be 
devastating and would have irreparable effects on ecology has been attended to, 
both while granting environmental clearance by the competent authority and also 
by the report of the Mediation Committee. Every project of this kind would have 
some adverse impact on environment but that would be negligible as compared to 
the ameliorative effects it is expected to have on traffic congestion and 
convenience of commuters and on improvement in traffic safety levels. When 
challenge is thrown to such projects, the Courts have to take into consideration the 
issues and problems that would remain unresolved and the resultant hardship of 
the people if the road is not widened and project is stayed. The ecological and 
environmental concerns, on the one hand, and hardship of the city commuters, on 
the other, faced with traffic congestions pose a dilemma. A balance needs to be 
struck between these two competing issues. The Courts may not be ideally suited 
for striking such a balance because such an exercise would entail factual enquiry, 
research work and expert knowledge of specialists in the relevant field. The Court 
noted that when NESPAK carried out the requisite EIA, it held public hearing, 
considered the objections of the petitioners, examined the alternative solutions 
suggested and found that the project in hand was preferable to all other solutions 
suggested. The report submitted by NESPAK in turn was placed before the EPA-
Suo Moto Case No. 25 of 2009 
 
39 
Punjab, which granted approval and environmental clearance to the Canal Road 
Project. This approval was neither mechanical nor without conscious application 
of mind, rather the precautionary principles of environmental regulations 
reiterated by this Court in Shehla Zia (Supra) were fully kept in view.  
18. 
Conscious of some change which may be caused in environment, 
some of the measures/conditions recommended by EPA-Punjab while granting 
environment clearance are as follows:- 
(a) 
strict adherence to the Environmental Management 
Plan in order to minimize any negative impacts on 
soil, ground water, air and biological resources of the 
project area; 
 
(b) 
strict compliance with the National Environmental 
Quality Standards; 
 
 
(c) 
the carrying out of extensive tree plantation, 
especially indigenous species in and around the 
project area in consultation with the PHA and to make 
all arrangement for the transplantation of existing 
trees; and 
 
(d) 
the plantation of four (4) trees having 6-7 feet height 
for every single uprooted tree. 
 
 
 
19. 
In the afore-referred circumstances, in our judgment, the approval 
of the Canal Road Project was granted with conscious application of mind 
considering all relevant material and the attending circumstances. The Canal Road 
Project neither contravenes Fundamental Right of Right to Life (Article 9) nor the 
Right to Human Dignity (Article 14). 
Issue No. (vii) 
(vii) Whether the project entailing widening of the road on both sides of the 
Canal, which would have the effect of reducing the area of green belt, is violative 
of the Doctrine of Public Trust? 
 
20. 
The concept of Public Trust is as old as the organized human 
living and the advent of State. This concept appeared in codified law for the first 
Suo Moto Case No. 25 of 2009 
 
40 
time during the Roman Empire. Roman Emperor Justinian codified the law in 
Corpus Juris Civilis about 1500 years ago. The genesis of this concept was laid 
by Justinian in 529 BC in a section of the said Code in these words: “By the law of 
nature these things are common to all mankind, the air, running water, the sea 
and consequently the shores of the sea”. Much after the fall of the Roman Empire, 
the Corpus Juris Civilis was rediscovered in Pisa and the concept spread 
throughout Europe. In England this concept was codified in the Magna Carta and 
in 1225 King John was forced to revoke his cronies’ exclusive fishing and hunting 
rights, because this violated the public’s right to access these common resources. 
Thereafter, it became a part of the Common Law and traveled to U.S. during its 
founding years. As part of the Common Law tradition, it became a concept of 
judicial comment for the first time in 1821 in U.S. in the case of Arnold v. Mandy 
(6N.J.L.1, 53 (1821) wherein it as held:- 
“…….the government could not, “consistently with the 
principles of the law of nature and the constitution of a well 
ordered society, make a direct and absolute grant of the 
waters of the state, divesting all the citizens of their 
common right.” 
 
21. 
This was followed by another case Illinois Central Railroad v. 
Illinois (146 U.S. 387 (1892) wherein the Supreme Court thwarted the attempt of 
the executive to give the entire lakeshore to a private railroad. The Supreme Court 
held that: 
“…….a title held in trust for the people of the State that 
they may enjoy the navigation of the waters, carry on 
commerce over them, and have liberty of fishing therein 
freed from the obstruction or interference of private 
parties.” 
 
 
22. 
According to Professor David Takacs (“The Public Trust 
Doctrine, Environmental Human Rights, and the Future of Private Property” 
(http://www.ielrc.org/content/a0804.pdf), the afore-referred case is seminal as it 
Suo Moto Case No. 25 of 2009 
 
41 
played a pivotal role in the evolution of Public Trust Doctrine in American 
jurisprudence and its three elements are: (i) the sovereign holds certain resources 
in trust for the common good; (ii) the public has some kind of right to protection 
of these resources: and (iii) while democracy may seem subverted when a court 
overrules the acts of elected officials, such judicial acts in fact serve democracy 
by preserving rights invested in all the people. 
23. 
The academic debate on this concept was laid by Professor Joseph 
Sax and according to one estimation, it was he who revived a dormant area of law 
which now continues to be relied upon by the courts in several jurisdictions. Over 
the years it has come to serve two purposes: first, it mandates affirmative State 
action for the effective management of natural resources, and, second, it enables 
the citizen to question the decision making in the management of those resources. 
It guarantees public access to public trust resources and also adds an element of 
accountability in how the State treats these resources. 
24. 
The concept of public trust has given birth to new area of 
jurisprudence i.e. to treat environmental rights as Fundamental Human Rights. 
Professor Joseph L. Sax in his Article titled as “The Public Trust Doctrine in 
Natural 
Resource 
Law: 
Effective 
Judicial 
Intervention” 
(http://www.uvm.edu/~gflomenh/PA395-CMN-ASSTS/articles/sax.pdf) justified 
the doctrine by holding that, “some public interests in the environment are 
intrinsically important, the gifts of nature’s bounty ought not be constrained for 
private use, and some uses of nature are intrinsically inappropriate”. The 
advocates of environmental human rights canvass that clean water or clean air or 
functioning ecosystems are rights because human life cannot exist without them; 
these gifts of nature’s bounty ought not be traded away for the use of private 
entities at the expense of what is essential to every single human’s life. 
Suo Moto Case No. 25 of 2009 
 
42 
25. 
Courts in many jurisdictions have sanctified the environmental 
human rights by raising environmental concerns and by equating them with other 
Fundamental Rights. The innovative approach gave an extended meaning to the 
Fundamental Right of Right to Life. For instance, in India the Fundamental Right 
of Right to Life (Article 21 of the Indian constitution) which declares that no 
person shall be deprived of his life or personal liberty except according to 
procedure established by law was interpreted to include the right to healthy 
environment and ecosystem as they ultimately effect to the Right to Life. In Rural 
Litig. & Entitlement Kendra v. State of Uttar Pradesh (AIR 1985 SC 652, 656), 
the Supreme Court of India stopped unauthorized mining causing environmental 
damage by observing that said order was imperative for protecting and 
safeguarding the rights of the people to live in a healthy environment with 
minimal disturbance of ecological balance. 
26. 
In Charan Lal Sahu v. Union of India (Bhopal Disaster case) (AIR 
1990 SC 1480), this view was reiterated. In M.C. Mehta v. Kamal Nath (1997 1 
S.C.C. 388), the Court stopped a developer to build a motel at the mouth of a river 
by propounding the public trust doctrine and held that:- 
“[t]he notion that the public has a right to expect certain 
lands and natural areas to retain their natural characteristic 
is finding its way into the law of the land.” 
 
 
27. 
In M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999 S.C.C. 
464), the Supreme Court of Indian for the first time hitched the Public Trust 
Doctrine to the constitutionally guaranteed right to life.  
28. 
In Th. Majra Singh v. Indian Oil Co. (AIR 1999 J&K 81), the 
Court granted a manufacturing plant to be constructed conditionally only if the 
Government observed its Public Trust Doctrine duties to ensure that all possible 
pollution safeguards were implemented.  
Suo Moto Case No. 25 of 2009 
 
43 
29. 
In Pakistan, the Supreme Court as early as 1994 in Shehla Zia’s 
case (PLD 1994 SC 693), interfered with the construction of an electricity grid 
station where it was apprehended that it would cause damage to the safety of 
human beings and to the environment by extending the meaning of Fundamental 
Right of Right to Life.  
30. 
In Moulvi Iqbal Haider v. Capital Development Authority (PLD 
2006 SC 394), the Supreme Court stopped the conversion of a public park into a 
commercial project (Mini Golf Course) by giving an extended meaning to yet 
another Fundamental Right i.e. the right to have access to public places without 
discrimination under Article 26 of the Constitution. Speaking for the Court, Mr. 
Justice Iftikhar Muhammad Chaudhry, Hon’ble Chief Justice of Pakistan 
observed as under:- 
“Now we will examine whether in view of the given facts 
and circumstance of the case, any of the fundamental rights 
guaranteed to the citizens of Pakistan have been denied. 
Islamabad, being a capital city, attracts representation 
from all over Pakistan in different capacities. Thus it is 
their right to enjoy access to the places of entertainment 
like the Jubilee Park, etc. under Article 26 of the 
Constitution. The same is the position of the inhabitants of 
the area where the Park is situated. As it has been stated 
herein above that necessary documents have been withheld 
by the C.D.A. from the Court for which, observation have 
been smade herein above. Thus, it is held that Jubilee Park 
was earmarked in the original scheme of Sector F-7, as it 
was meant for low income group, who are deprived of the 
benefits of having their own private gardens, comparing to 
higher income groups, therefore, converting such Parks for 
commercial activity with the collaboration of multinational 
companies, would deny the rights guaranteed to them.” 
 
 
31. 
South Africa is one of those few centuries where the 
Environmental Rights have been protected as Fundamental Human Rights in the 
Constitution. In terms of section 24 of the Bill of Rights, it has been 
unequivocally declared that everyone has the right: a) to an environment that is 
not harmful to their health or well-being; and b) to have the environment 
Suo Moto Case No. 25 of 2009 
 
44 
protected, for the benefit of present and future generations, through reasonable 
legislative and other measures that: i) prevent pollution and ecological 
degradation; ii) promote conservation; and iii) secure ecologically sustainable 
development and use of natural resources while promoting justifiable economic 
and social development. 
32. 
The afore-referred survey of the academic, judicial pronouncements 
and Constitutional provisions indicate that the concept of Public Trust Doctrine is 
increasingly becoming part of the jurisprudence in several jurisdictions and 
Environmental Human Rights are being classified as Fundamental Human Rights. 
But what are the parameters of this concept? How far the public or private project can 
be stalled by invoking this concept and to what extent the public use of a trust 
resource can be converted to private use or for a different public purpose? This aspect 
has also been a subject of academic comment. Prof. Serena A. Williams in his article 
titled as “Sustaining Urban Green Spaces: Can Public Parks be Protected under the 
Public Trust Doctrine?” (http://works.bepress.com/serena_williams/2/) lays down 
two broad approaches: the legislative approach which prohibits the alienation or 
diversion of resource without plain and explicit legislation to that end and second the 
substantive test approach. The latter approach consists of five factors to be considered 
by a Court while determining whether diversion or alienation of public trust property 
violates the said test. These factors are as follows:- 
 
“(1) that public bodies would control use of the area in 
question; (2) that the area would be devoted to public 
purposes and open to the public; (3) the diminution of the 
area of original use would be small compared with the 
entire area; (4) that none of the public uses of the original 
area would be destroyed or greatly impaired; and (5) that 
the disappointment of those wanting to use the area of new 
use for former purposes was negligible when compared to 
the greater convenience to be afforded those members of 
the public using the new facility.” 
 
Suo Moto Case No. 25 of 2009 
 
45 
33. 
According to Professor Williams if alienation of a parkland is 
allowed, courts must rigorously scrutinize the alienation from public use to a 
private entity to ensure that the transfer continues to serve a public use and is 
carried out with minimum possible harm to the remaining parkland. He further 
observed that: 
 
“Diversions in the use of public trust land should be approved 
only when three factors are met: (1) the area would continue to 
be devoted to a broad public purpose which is either consistent 
with the public uses of the original area or is one that outweighs 
the public use of the area as a park; (2) a public body would 
retain control over the use of the area in question; and (3) the 
diverted use would be one open to the public. These three factors 
are the crux of the five-criteria balancing approach. If the park 
use must succumb to a new public use that is determined to be 
paramount to the park use, the public must maintain control over 
the new use and continue to have easy access to it for a general 
public purpose.” 
 
 
34. 
He adds that “Courts generally find such a change in purpose 
valid when the diversion is from one broad public purpose to another, 
particularly when the area diverted is relatively small compared to park area 
preserved. For example, a road widening project that would require the diversion 
of one half acre of park space was upheld under the public trust doctrine as 
‘merely a diversion of a minimal quantum of public land from one public purpose 
to another public purpose.” (Emphasis is supplied). 
35. 
The case in hand, if examined, in the light of the Doctrine of 
Public Trust as explained by the academics and construed by the Courts including 
the Pakistan Supreme Court leads to an inescapable conclusion that the green belt 
around both sides of the Canal is a Public Trust resource; that it cannot be 
converted into private use or any other use other than a public purpose; that 
widening of the road as proposed is a public purpose; that a minimum area is 
being affected and the remaining green belt/public park is much larger; that the 
same has been recommended by the Mediation Committee to be declared as 
Suo Moto Case No. 25 of 2009 
 
46 
Heritage Park and the recommendations of the said Committee have been 
accepted by the Province of Punjab in totality. In these circumstances, the 
Doctrine of Public Trust cannot be said to have bee n compromised. 
Issue No. (iii) 
(iii) Whether the Canal Road Project is in consonance with the concept of 
sustainable urban development? 
 
 
36. 
The concept of “Sustainable Development” was given recognition 
for the first time in Stockholm Declaration of 1972 and its definition given in the 
Brundtland report was accepted i.e. ‘development that meets the needs of the 
present without compromising the ability of the future generations to meet their 
own needs.’ In Pakistan this concept though referred to in some of the earlier 
judgments of this Court (Shehla Zia Supra) was defined for the first time in 
section 2 of PEPA which is as under:- 
“(2)(xlii) ‘sustainable development’ means development 
that meets the needs of the present generation without 
compromising the ability of future generations to meet their 
needs.” 
 
 
37. 
This is an evolving concept and the definition given in section 
2(xlii) above appears to have been inspired by the Stockholm Declaration 1972. 
In the preparatory meeting for the URBAN21 Conference (Berlin July 2000) a 
more comprehensive definition of sustainable urban development was adopted 
which lays down as under:- 
“Improving the quality of life in a city, including 
ecological, cultural, political, institutional, social and 
economic components without leaving a burden on the 
future generations. A burden which is the result of a 
reduced natural capital and an excessive local debt. Our 
aim is that the flow principle, that is based on an 
equilibrium of material and energy and also financial 
input/output, plays a crucial role in all future decisions 
upon the development of urban areas.” 
 
 
Suo Moto Case No. 25 of 2009 
 
47 
38. 
Yet another definition focuses more on communities, on human 
spirit, on goals and visions of sustainable development and participatory 
dimension of social, economic and ecological development of a society. 
According 
to 
the 
Institute 
for 
Sustainable 
Communities 
(http://www.iscvt.org/FAQscdef.html) , sustainable communities are defined as 
under:- 
“Sustainable communities are defined as towns and cities 
that have taken steps to remain healthy over the long term. 
Sustainable communities have a strong sense of place. They 
have a vision that is embraced and actively promoted by all 
of the key sectors of society, including businesses, 
disadvantaged 
groups, 
environmentalists, 
civic 
associations, 
government 
agencies, 
and 
religious 
organizations. They are places that build on their assets 
and dare to be innovative. These communities value healthy 
ecosystems, use resources efficiently, and actively seek to 
retain and enhance a locally based economy. There is a 
pervasive volunteer spirit that is rewarded by concrete 
results. Partnerships between and among government, the 
business sector, and nonprofit organizations are common. 
Public debate in these communities is engaging, inclusive, 
and 
constructive. 
Unlike 
traditional 
community 
development 
approaches, 
sustainability 
strategies 
emphasize: 
the 
whole 
community 
(instead 
of 
just 
disadvantaged 
neighborhoods); 
ecosystem 
protection; 
meaningful and broad-based citizen participation; and 
economic self-reliance.” 
 
 
39. 
Examining the project under challenge, in the light of concept of 
sustainable development, as defined in section 2(xlii) of the Act, we note that 
given the resource constraint, the values of sustainable development were kept in 
view while designing and approving the Canal Road Project which is evident, 
inter alia, from the following measures. It has been assured to this Court: 
(a) 
that the green belt on both sides of the Canal Road 
would be retained and the entire area would be 
declared/notified as Heritage Park, through an Act of 
the Legislature; 
Suo Moto Case No. 25 of 2009 
 
48 
(b) 
that minimum possible area from the green belt be 
affected on account of the widening of the Canal 
Road; 
(c) 
that the widening of the road was necessitated to cater 
to the needs of the current and future generations;  
(d) 
that the existing traffic flow and the likely increase in 
the volume of traffic on the road was kept in view 
while designing the project; 
(e) 
that stringent conditions were attached by the EPA-
Punjab while granting environmental approval to the 
project which included strict adherence to the 
Environmental Management Plan in order to 
minimize any negative impacts on soil, ground water, 
air and biological resources of the project area; 
(f) 
that 
strict 
compliance 
with 
the 
National 
Environmental Quality Standards would be observed; 
(g) 
that carrying out of extensive tree plantation, 
especially indigenous species in and around the 
project area in consultation with the PHA (Parks and 
Horticulture Authority) and to make all arrangement 
for the transplantation of existing trees; and 
(h) 
that the plantation of four (4) trees having 6-7 feet 
height for every single uprooted tree. 
 
40. 
In the afore-referred circumstances, the contention that the Canal 
Road Project approval is violative of the concept of sustainable development 
would not be tenable. 
Suo Moto Case No. 25 of 2009 
 
49 
 
Issue No. (v) 
Whether having consented to the referral of the matter to the mediation, can the 
petitioners join issue with the recommendations made by the Mediation 
Committee? 
 
 
41. 
The matter was referred for mediation in terms of this Court’s 
order dated 14.2.2011 which reads as follows:- 
“Mr. Salman Butt, learned ASC stated that the case 
required to be disposed of expeditiously in view of the rush 
of traffic on the Canal Road as due to pendency of matter 
the project has already been delayed. On the other hand 
Ms. Imrana Tawana stated that there are so many other 
alternate options available to the Punjab Government to 
manage the traffic flow instead of cutting off the trees on 
the Canal Road, Lahore. Dr. Parvez Hassan who was 
appearing in another case admittedly enjoys the expertise 
in law and has vast experience in the field of environmental 
management, offered to intervene between the petitioner i.e. 
Lahore Conservation Society and the Government of 
Punjab for finding a viable solution for the critical issue 
herein raised. Accordingly, both the parties agreed to the 
mediation of Dr. Parvez Hassan who is thus nominated as 
the mediator and submit a report on the next date of 
hearing. Adjourned to a date in office after one month. Dr. 
Parvez Hassan may associate any other persons or experts 
or officials of the Government of Punjab for the purpose of 
such medication and for finding suitable resolution of the 
matter.” 
 
 
42. 
Although Dr. Parvez Hassan was the sole Mediator appointed to 
mediate with agreement of both the parties, however, it was stipulated in the order 
that he could “associate any other persons or experts or officials of the 
Government of Punjab for the purpose of such mediation and for finding suitable 
resolution of the matter”. In accord with canons of propriety and to keep the 
petitioners on board at each stage, he constituted a Committee of eight members 
to be called the Mediation Committee in consultation with learned counsel for the 
petitioners Mr. Ahmer Bilal Soofi and respondents’ counsel Mr. Suleman Butt. 
One of the petitioners namely Mr. Ahmad Rafay Alam who has the reputation of 
being a dedicated environmentalist was made Secretary of the Committee. The 
Suo Moto Case No. 25 of 2009 
 
50 
Mediation Committee comprised of people of eminence from various fields and 
they arrived at a consensus barring one dissent in terms of which the report was 
submitted which has been reproduced in Para-11 above. The only dissenting 
report opinion is of Dr. Arif Hassan whose note of dissent was placed on record 
along with the report which has been reproduced in para 10 above. 
43. 
As noted earlier, in the written objections to the report of the 
Mediation Committee, the petitioner did not join issue with most of the 
recommendations made except clause 17 of the report i.e. widening of road on 
both sides of canal. On Court query, Miss Imrana Tiwana candidly conceded that 
she agrees with 95% of the report submitted by the Mediation Committee but 
reiterated that arguments/suggestions given by her would effectively tackle the 
issue of traffic congestion and the widening of road besides being hazardous to 
environment is unnecessary. This Court in detail has considered the report of the 
NESPAK with reference to alternate suggestions as also the approval report of the 
EPA-Punjab and finds that the exercise carried out by the concerned agency and 
authority under the law is well reasoned and do not call for review in these 
proceedings. Even otherwise, in absence of any cogent material, it would not be 
possible for this Court in these proceedings to hold that the alternative solutions 
suggested by the petitioners should be preferred to the project designed by 
competent authorities under the law.  
44. 
In a case decided by the International Court of Justice in not 
distant past (The Gabcikovo-Nagymaros Project dispute between Hungary and 
Slovakia decided on 25.9.1997), the construction of a barrage system at Danube 
River was challenged and Hungary contended that it was violative of a treaty to 
which both Hungary and Slovakia were party and that it would adversely affect 
the rights of the former as it would divert the waters of Danube thereby causing 
loss and damage to the country and its nationals. Despite taking note of the 
Suo Moto Case No. 25 of 2009 
 
51 
environmental concerns of Hungary with regard to apprehended loss to the 
nationals and damage to environment, the Court restrained itself from interfering 
in the ongoing project and advised the parties to settle the dispute through mutual 
negotiations. The Court did not interfere, inter alia, for the reason that the issue 
mooted entailed factual enquiry and left the matter to be resolved through 
negotiation in the spirit of mediation. The Court observed as follows:- 
“The Court is mindful that, in the field of environmental 
protection, vigilance and prevention are required on account 
of the often irreversible character of damage to the 
environment and of the limitations inherent in the very 
mechanism of reparation of this type of damage. 
Throughout the ages, mankind has, for economic and other 
reasons, constantly interfered with nature. In the past, this 
was often done without consideration of the effects upon 
the environment. Owing to new scientific insights and to a 
growing awareness of the risks for mankind –for present 
and future generations - of pursuit of such interventions at 
an unconsidered and unabated pace, new norms and 
standards have been developed, set forth in a great number 
of instruments during the last two decades. Such new norms 
have to be taken into consideration, and such new standards 
given proper weight, not only when States contemplate new 
activities but also when continuing with activities begun in 
the past. This need to reconcile economic development with 
protection of the environment is aptly expressed in the 
concept of sustainable development. 
For the purposes of the present case, this means that the 
Parties together should look afresh at the effects on the 
environment of the operation of the GabCikovo power 
plant. In particular they must find a satisfactory solution for 
the volume of water to be released into the old bed of the 
Danube and into the side-arms on both sides of the river. It 
is not for the Court to determine what shall be the final 
result of these negotiations to be conducted by the Parties. It 
is for the Parties themselves to find an agreed solution that 
takes account of the objectives of the Treaty, which must be 
pursued in a joint and integrated way, as well as the norms 
of international environmental law and the principles of the 
law of international watercourses. The Court will recall in 
this context that, as it said in the North Sea Continental 
Shelfcases: 
"[the Parties] are under an obligation so to conduct 
themselves that the negotiations are meaningful, 
which will not be the case when either of them 
insists upon its own position without contemplating 
any modification of it" (I.C.J. Reports 1969, p. 47, 
para. 85). 
 
Suo Moto Case No. 25 of 2009 
 
52 
 
45. 
In the instant case as well, the Court referred the matter for 
mediation on similar considerations and with consent of both the parties. 
Petitioner’s attempt to resile from the said mode of resolution may not warrant a 
flattering comment. Because the Mediation Committee was constituted in 
consultation with petitioner’s learned counsel, Mr. Ahmer Bilal Soofi and the 
allegation that two members of the Committee had affiliation with the Provincial 
Government is too general and vague to shake their credibility. In S.E. Makudam 
Mohammad v. T.V. Mahommad Sheik Abdul Kadir (1936 Madras 856), a party 
agreed for decision of the matter in the light of the report to be submitted by the 
Commission, subsequently when the report was submitted, the party wanted to 
resile but the Court relying on an earlier judgment of Privy Council Burgess v. 
Morton (1896) A.C.136, held as follows:- 
“When a party invites the Court to adopt a procedure 
which is not contemplated by the Civil P.C., and is in fact a 
procedure extra cursum curiae, he cannot turn around and 
say that the Court is to blame for adopting the very 
procedure which he invited the Court to follow. There is 
such a thing as estoppel apart from the question of 
adjustment and the doctrine of estoppel would apply to a 
party who attempts to blow hot and cold in this fashion. As 
was held in (1896) AC 136(1), where with the acquiescence 
of the parties the Judge departed from the ordinary course 
of procedure and decided upon a question of fact, it was 
incompetent for the parties afterwards to contend that they 
have an alternative mode of proceeding with the trial as if it 
had been heard in due course. Lord Watson observed in 
that case that there were several decisions of the House of 
Lords which affirmed that the judgment of the Court below 
pronounced extra cursum curiae, is in the nature of an 
arbiter’s award and that as a general rule at least no 
appeal from it will lie.” 
 
 
46. 
The maxim extra cursum curiae which underpins the afore-
referred judgment was reiterated by this Court in Mst. Sharif Bibi v. Muhammad 
Nawaz Shah (2008 SCMR 1702) wherein the judgment of the learned High Court 
was upheld and appeal dismissed. 
Suo Moto Case No. 25 of 2009 
 
53 
47. 
For afore-referred reasons, it would not be open for the petitioner 
to challenge Mediation Committee’s report, particularly when they have agreed to 
95% of the recommendations made by the said Committee. 
Issue No. (vi) 
Whether the policy making domain in which the Canal Road project falls, is the 
exclusive preserve of Executive Authority and can this Court, in these 
proceedings, interfere in the said domain? 
 
 
48. 
One of the foundational values enshrined in the Constitution of 
Islamic Republic of Pakistan is principle of trichotomy of powers i.e. the 
Legislature would legislate, the Executive would administer law and Judiciary 
would interpret the law. In Sindh High Court Bar Association v. Federation of 
Pakistan (PLD 2009 SC 879), this Court highlighted the principle of trichotomy 
of powers as follows:- 
“167. At this stage, it is necessary to elucidate through our 
own jurisprudence and that of other jurisdictions the 
principle of trichotomy of powers and the power of judicial 
review vested in the superior Courts. Case-law from the 
Indian jurisdiction is particularly instructive on account of 
common origins of constitutionalism springing from the 
Government of India Act, 1935 read with the Indian 
Independence Act, 1947. The Supreme Court of India, in the 
case of Minerva Mills Ltd v. Union of India (AIR 1980 SC 
1789) held that the judiciary was the interpreter of the 
Constitution and was assigned the delicate task of 
determining the extent of the power conferred on each 
branch of the government, its limits and whether any action 
of that branch transgressed such limits.” 
 
 
49. 
By according an expanded meaning to the Fundamental Rights 
provisions of the Constitution, the Courts under Article 199 and 184(3) of the 
Constitution have taken notice of public interest issues which has led to the 
development of public interest litigation. The public interest litigation was given 
new dimension by successive Chief Justices of this country by developing the 
Human Rights cases jurisprudence whereunder petitions filed by less privileged 
class of society on issues of public concern have been entertained and decided 
Suo Moto Case No. 25 of 2009 
 
54 
where contravention of fundamental rights was proved. Mr. Suleman Butt, ASC 
placed on record an article by Dr. Parvez Hassan titled as “Role of Commissions 
in Public Interest Environmental Litigation in Pakistan” wherein he referred to a 
judgment (2000 CLC 471 Lahore) authored by one of us (Tassaduq Hussain 
Jillani, J.) where the genesis of public interest litigation in the developing world 
has been commented upon. It was observed:- 
“The rationale behind public interest litigation in 
developing countries like Pakistan and India is the social 
and educational backwardness of its people, the dwarfed 
development of law of tort, lack of developed institutions to 
attend to the matters of public concern, the general 
inefficacy and corruption at various levels. In such a socio-
economic and political milieu, the non-intervention by 
Court in complaints of matters of public concern will 
amount to abdication of judicial authority.” 
 
 
50. 
This Court does not interfere in every issue of public concern 
under Article 184(3) of the Constitution but only where the action/order of the 
executive authority raises the question of enforcement of a Fundamental Right. In 
Pakistan Tobacco Company Ltd. v. Federation of Pakistan (1999 SCMR 382), this 
Court candidly held as follows:- 
“maintainability of a petition under Article 184(3) of the 
Constitution is to be examined not on the basis as to who 
has filed the same but if the controversy involves question 
of public importance with reference to enforcement of any 
of the fundamental right, petition will be sustainable.” 
 
 
51. 
Again in Javed Ibrahim Paracha v. Federation of Pakistan (PLD 
2004 SC 482), this view was reiterated as follows:- 
“a person can invoke the Constitutional jurisdiction of the 
superior Courts as pro bono publico but while exercising 
this jurisdiction, he has to show that he is litigating, firstly, 
in the public interest and, secondly, for the public good or 
for the welfare of the general public. The word `pro bono 
publico' as defined in Black Law Dictionary, Chambers 
Dictionary and Oxford Dictionary generally means `for the 
public good' or `for welfare of the whole' being or involving 
uncompensated legal services performed especially for the 
public good. `Public interest' in the Black Law Dictionary, 
Suo Moto Case No. 25 of 2009 
 
55 
has been defined as the general welfare of the public that 
warrants recognition and protection. Something in which 
the public as a whole has a stake; esp., an interest that 
justifies governmental regulation. It thus signifies that in 
case of public interest litigation, one can agitate the relief 
on his own behalf and also on behalf of the general public 
against various public functionaries, where they have failed 
to perform their duties relating to the welfare of public at 
large which they are bound to provide under the relevant 
laws. Viewing the bona fide of petitioner in the above 
contest, we are of the opinion that the petitioner has not 
been able to show that he was aggrieved person within the 
meaning of Article 199 of the Constitution and can agitate 
his grievance as `pro bono publico.” 
 
 
52. 
Explaining the ambit of Article 199 of the Constitution, this Court 
in Muhammad Bashir v. Abdul Karim (PLD 2004 SC 271), laid down as follows:- 
“This power is conferred on the High Court under the 
Constitution and is to be exercised subject to Constitutional 
limitations. The Article is intended to enable the High Court 
to control executive action so as to bring it in conformity 
with the law. Whenever the executive acts in violation of the 
law, an appropriate order can be granted which will relieve 
the citizen of the effects of illegal action. It is an omnibus 
Article under which relief can be granted to the citizens of 
the country against infringement of any provision of law or 
of the Constitution. If the citizens of this country are 
deprived of the guarantee given to them under the 
Constitution, illegally or, not in accordance with law, then 
Article 199 can always be invoked for redress". (Ghulam 
Mustafa Khar v. Pakistan and others PLD 1988 Lah. 49, 
Muhammad Hussain Khan v. Federation of Pakistan PLD 
1956 Kar. 538(FB), S.M. Yousuf v. Collector of Customs 
PLD 1968 Kar.599 (FB). It is to be noted that "paramount 
consideration in exercise of Constitutional jurisdiction is to 
foster justice and right a wrong". (Rehmatullah v. Hameeda 
Begum 1986 SCMR 1561, Raunaq Ali v. Chief Settlement 
Commissioner PLD 1973 SC 236). There is no cavil with 
the proposition that "so long as statutory bodies and 
executive authorities act without fraud and bona fide within 
the powers conferred on them by the Statute the judiciary 
cannot interfere with them. There is ample power vested in 
the High Court to issue directions to an executive authority 
when such an authority is not exercising its power bona fide 
for the purpose contemplated by the law or is influenced by 
extraneous and irrelevant considerations. Where a statutory 
functionary acts mala fide or in a partial, unjust and 
oppressive manner, the High Court in the exercise of its 
writ jurisdiction has ample power to grant relief to the 
aggrieved party". (East and West Steamship Co. v. Pakistan 
PLD 1958 SC (Pak.) 41). In our considered view, 
Suo Moto Case No. 25 of 2009 
 
56 
technicalities cannot prevent High Court from exercising its 
Constitutional jurisdiction and affording relief which 
otherwise respondent is found entitled to receive.” 
 
 
53. 
Many a time, policies/actions of executive authorities are 
challenged and issues are brought before the Court which have socio-political or 
economic dimensions; issues of lopsided policies being pursued, issues which 
have polarized the nation, issues which have bled & divided the nation and issues 
which reflect immoral or unwise use of public funds. Judges are humans. It is 
painful to sit back and watch the successive marches of folly. However, the 
Constitutional constraint reflected in the trichotomy of powers obliges the Court 
to observe judicial restraint. It intervenes only when the policy/action of the State 
authority reflects violation of any law or a Constitutional provision or when it 
relates to the enforcement of a Fundamental Right which inter alia includes 
Environmental Human Rights. The people/Constitution makers did not vest this 
Court to sit over judgment on a purely policy decision taken by the competent 
executive authority unless of course it violates the law of the land. In the U.S. 
Constitution as well, the principle of separation of powers is one of the 
foundational values. In deference to the Constitutional Scheme, the U.S. Supreme 
Court observes self-restraint in such matters. In Trop vs. Dulles (356 U.S. 86, 120 
(1958), this approach is candidly reflected where the Court held as follows: -  
 “It is not easy to stand aloof and allow want of wisdom to 
prevail, to disregard one’s own strongly held view of what 
is wise in the conduct of affairs. But it is not the business 
of this Court to pronounce policy. It must observe a 
fastidious regard for limitations on its own power, and this 
precludes the Court’s giving effect to its own notions of 
what is wise or politic. That self-restraint is of the essence 
in the observance of the judicial oath, for the Constitution 
has not authorized the judges to sit in judgment on the 
wisdom of what Congress and the Executive Branch do.”  
 
54. 
When an order of governmental authority is challenged before the 
Court raising an environmental issue, the Court would examine as to whether the 
Suo Moto Case No. 25 of 2009 
 
57 
authority which passed the order was conscious of the relevant considerations; 
whether it deliberated over those and whether it took the decision after having the 
expert opinion and complying with the mandate of law? The issues which 
underpin the project under challenge related to traffic congestion, the widening of 
the Canal Road and the apprehended damage to ecology and environment. The 
Court would have intervened if the issues of rising traffic flow and congestion had 
not necessitated remedial measures; if feasibility of other alternative proposals 
had not been examined by the concerned department; if it had not got conducted 
Environmental Impact Assessment from a consultant and if the Environmental 
Protection Authority had not given environmental clearance after taking into 
consideration the relevant factors; if the doctrine of Public Trust or of 
Precautionary Principle for environmental protection was being violated or if the 
respondent-Provincial government had not whole heartedly accepted the 
Mediation Committee’s report which inter alia recommend declaring the 
greenbelt on both sides of the Canal as Heritage Park and had recommended only 
a partial widening of the road in question. These concerns, in our view, have been 
adequately addressed by the competent bodies under the law. It is for the 
concerned department of the government to examine how best to meet traffic 
congestion and in this exercise it can solicit consultation from another agency or a 
body of experts to study the feasibility which in the instant case was initially 
carried out by NESPAK and thereafter the matter was placed before the EPA-
Punjab which again having solicited the opinion of experts granted approval with 
certain conditions. In such cases the Court may not have the requisite expertise to 
adjudicate. This is why the Court seeks the assistance of experts or experts’ 
committee. The advantage of the experts’ committees is that it enables the Court 
to receive technical expertise while the Judges are left to decide questions of law. 
Such committees reduce the chances of judicial arbitrariness and adds legitimacy 
Suo Moto Case No. 25 of 2009 
 
58 
to the judgments. The only aspect the Court would examine is whether the 
policy/act under challenge is violative of any provision of the law or the 
Constitution or any of the Fundamental Rights guaranteed under the Constitution 
and as interpreted by the Courts from time to time. In Narmada Bachao Andolan 
v. Union of India (AIR 2000 SC 3751), the Indian Supreme Court came to a 
similar conclusion when it observed as follows:- 
“Whether to have an infrastructural project or not and 
what is the type of project to be undertaken and how it has 
to be executed, are part of policy making process and the 
Courts are ill equipped to adjudicate on a policy decision 
so undertaken. The Court, no doubt, has a duty to see that 
in the undertaking of a decision, no law is violated and 
people’s fundamental rights are not transgressed upon 
except to the extent permissible under the Constitution. 
Even then any challenge to such a policy decision must be 
before the execution of the project is undertaken. Any delay 
in the execution of the project means over run in costs and 
the decision to undertake a project, if challenged after its 
execution has commenced, should be thrown out at the very 
threshold on the ground of latches if the petitioner had the 
knowledge of such a decision and could have approached 
the Court at that time. Just because a petition is termed as a 
PIL does not mean that ordinary principles applicable to 
litigation will not apply. Latches is one of them. Public 
Interest Litigation (PIL) was an innovation essentially to 
safeguard and protect the human rights of those people who 
were unable to protect themselves. With the passage of 
time, the PIL jurisdiction has been ballooning so as to 
encompass within its ambit subjects such as probity in 
public life, granting of largess in the form of licences, 
protecting environment and the like. But the balloon should 
not be inflated so much that it bursts. Public Interest 
Litigation should not be allowed to degenerate to becoming 
Publicity Interest Litigation or ‘Private Inquisitiveness 
Litigation’.” 
 
 
55. 
Respectfully reiterating the earlier view taken by this Court in the 
precedent case law to which reference has been made above and in view of the 
report of the Mediation Committee which has been accepted in entirety by the 
Provincial Government, we are of the view that no intervention is called for. 
56. 
In passing the Court may add that it is conscious of the historic 
and emotional appeal of the Canal which was built initially by the last Muslim 
Suo Moto Case No. 25 of 2009 
 
59 
Ruling Dynasty, the Mughals and extended in 1861 by the British. It is indeed an 
environmental asset. The greenery around it adds beauty and romance to the city. 
In times gone by there must have been flourishing fields, meadows and green 
valleys. Much later when the road on both sides of the Canal was metalled, there 
would hardly have been a few residential colonies. But slowly and gradually, as 
the population increased, residential colonies were built to cater to the needs of 
the populace. The mushroom growth of residential colonies is a post 
independence phenomenon. It assumed a greater momentum in the last 3/4 
decades. This caused massive damage to the flourishing fields, the orchards and to 
the habitats. The ill-conceived commercialization of residential areas had its toll 
as well. Industrialization on the outskirts of the city further confounded the 
situation and this resulted in traffic flow to multiply manifolds. The loss of those 
green valleys evokes a natural lament and nostalgia. But this is what happens to 
environment and ecology when human needs increase and the cities expand 
bringing in their wake pains, issues & Thomas Hardy’s “Madding Crowd”. The 
famous German Philosopher Frederick Engels (1820-1895) who belonged to the 
same period when the canal was built, was alluding to this paradox when he said:- 
“Let us not, however, flatter ourselves overmuch on 
account of our human victories over nature. For each such 
victory nature takes its revenge on us. Each victory, it is 
true, in the first place brings about the results we expected, 
but in the second and third places it has quite different, 
unforeseen effects which only too often cancel the first. The 
people who, in Mesopotamia, Greece, Asia Minor and 
elsewhere, destroyed the forests to obtain cultivable land, 
never dreamed that by removing along with the forests the 
collecting centres and reservoirs of moisture they were 
laying the basis for the present forlorn state of those 
countries. When the Italians of the Alps used up the pine 
forests on the southern slopes, so carefully cherished on the 
northern slopes, they had no inkling that by doing so they 
were cutting at the roots of the dairy industry in their 
region; they had still less inkling that they were thereby 
depriving their mountain springs of water for the greater 
part of the year, and making it possible for them to pour 
still more furious torrents on the plains during the rainy 
seasons. Those who spread the potato in Europe were not 
Suo Moto Case No. 25 of 2009 
 
60 
aware that with these farinaceous tubers they were at the 
same time spreading scrofula.” 
 
(The Part Played by Labour in the 
Transition From Ape to Man) 
 
 
57. 
This however, is the flip side of human saga. It has a positive 
dimension too. If humans had shunned reason and the civilizational impact or had 
taken their love of nature too far, they would still have been living in caves, eating 
insects and raw meat and mating like animals. The discovery and development of 
the bounties and beauties of nature are partly attributable to human perception, 
ingenuity, struggle and its harnessing. John Keats, the poet of nature and beauty 
was referring to these human virtues, when he said:- 
Who, of men, can tell 
That flowers would bloom, or that green fruit would swell 
To melting pulp, that fish would have bright mail,  
The earth its dower of river, wood, and vale,  
The meadows runnels, runnels pebble-stones, 
The seed its harvest, or the lute its tones, 
Tones ravishment, or ravishment its sweet 
If human souls did never kiss and greet?  
 
Endymion, bk.i, I. 835 
 
58. 
The beauty of the canal and of the greenbelt on both sides of the 
Canal Road lie partly in beholder’s eye i.e. human aesthetics, imagination, design 
and engineering. It is the human needs which require widening of the road. 
59. 
Before parting with this judgment, we would like to acknowledge 
the admirable spirit demonstrated by petitioners’ organization, by those 
individuals, architects, urban planners, academics and students for protection of 
city’s ecological and environmental horizons. During hearing of this case, the 
Court was touched by the rainbow of idealism, of intellect, of architectural ability, 
Suo Moto Case No. 25 of 2009 
 
61 
of urban development and mental health expertise of graces and youthful 
exuberance. This was a living testimony to a vibrant civil society. This vibrance, 
vigilance and zeal must have acted as a watchdog for those entrusted with design 
and planning of the Canal Road Project and those who accorded environmental 
clearance. The widening of the road which is now confined to only a part of the 
Canal Road and the conditional approval granted by EPA, Punjab attaching 
stringent conditions to allay the environmental concerns is a vindication of the 
object for which the petitioners brought this issue before this Court. As long as 
this spirit is alive, we are sanguine, the authorities and the leadership would 
continue to be guided by the values of sustainable human and urban development. 
We would also place on record our deep appreciation for the Mediation 
Committee in general and for Dr. Parvez Hassan in particular for developing a 
broad consensus reflected in the report of the Mediation Committee. For Mr. 
Babar Ali (who has the distinction of succeeding the Duke of Edinburgh as 
President of World Wide Fund for Nature) one of the eminent city fathers, who 
responding to the ecological and environmental concerns, made his valuable 
contribution as Member of the Mediation Committee. The able assistance 
rendered by Mr. Suleman Butt also deserves a word of commendation. 
60. 
In view of what has been discussed above and keeping in view the 
stance of the Government of Punjab that they have accepted the report of the 
Mediation Committee in entirety, we hold and direct as under:- 
 
(i) 
The Bambawali-Ravi-Bedian (BRB) Canal and the green belt 
on both sides of the Canal Road (from Jallo Park till Thokar 
Niaz Beg) is a Public Trust. It shall be treated as Heritage 
Urban Park forthwith and declared so by an Act to be passed 
Suo Moto Case No. 25 of 2009 
 
62 
by the Assembly as undertaken by the respondent-Provincial 
Government; 
(ii) 
Widening of the road on both sides of the Canal Bank shall be 
in accord with the report submitted by the Mediation 
Committee; 
(iii) 
Necessary corrections/modification of some of the underpasses 
on the Canal Road shall be carried out as suggested in the 
report of the Mediation Committee; 
(iv) 
Proper Traffic Management Program shall be made and given 
effect to; 
(v) 
Further improvement in public transport system shall be 
ensured; 
(vi) 
Where needed and as recommended by the Committee,           
re-engineering of the junctions along the Canal Bank would be 
undertaken; 
(vii) 
The service roads along certain parts of the Canal Road shall 
be constructed/improved; 
(viii) Report of the Mediation Committee shall be implemented as 
agreed by the respondent-Provincial Government in letter and 
spirit; 
(ix) 
Respondent-Provincial Government and TEPA shall ensure 
that minimum damage is caused to green belt and every tree 
cut would be replaced by four trees of the height of 6/7 feet and 
this replacement when commenced and completed shall be 
notified through press releases for information of general 
public, copies of which would be sent to the Registrar of this 
Court for our perusal; and 
Suo Moto Case No. 25 of 2009 
 
63 
(x) 
Elaborate measures / steps be taken to ensure that the Canal is 
kept clean and free of pollution. The steps should inter alia 
include throwing of liter and discharge of any pollutant in the 
Canal a penal offence. The Chief Secretary, Government of 
Punjab shall ensure that a comprehensive action plan is 
prepared in this regard by the concerned department and report 
is submitted to the Registrar of this Court within six weeks of 
the receipt of this judgment. 
 
61. 
For what has been discussed above, since most of the prayers and 
concerns have been taken care of in the Mediation Committee Report, the petition 
to the extent of those prayers is disposed of as having fructified and the petition is 
allowed in terms of the Report of the Mediation Committee which stands accepted 
even by the respondent Provincial Government. The petition in so far as it 
challenged the Project of widening of road is dismissed.  
 
 
JUDGE 
 
 
JUDGE 
 
Announced in Open Court at Islamabad on 15.9.2011 
 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGE 
 
 
Khurram Anees 
APPROVED FOR REPORTING 
 
