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Petitioner: Qazi ALI ATHAR, ADVOCATE VS Respondent: ZAWAR AHMED KHAN SHERWANI and 3 otherss
Court Name: Sindh High Court Judge(s): Syed Zawwar Hussain Jaffery, Sayed Saeed Ashhad Title: Qazi ALI ATHAR, ADVOCATE vs ZAWAR AHMED KHAN SHERWANI and 3 otherss Case No.: Constitutional Petition No, 543-D of 2004 Date of Judgment:2004-08-24 Reported As: 2007 MLD 1884 Result: Petition dismissed
Judgment ORDER ' SAIYED SAEED ASHHAD, C.J.---In this constitutional petition the petitioner has sought the following relief:-- "(a) Issue the Notices to the respondents. (b) Conduct enquiry against the respondents Nos.1 and 2. (c) Ensure that the writ of law should be upheld as to punish the respondents Nos.1 and 2 with a fine Rs,25,000 for the cutting of each tree as prescribed by the law. (d) Direct the Authorities to take immediate steps for the Environment friendly plantation. (e) Any other just or equitable relief deemed appropriate as being fit and proper by this Hon'ble Court. ' From the perusal of the memo of petition and the prayer reproduced hereinabove, it is absolutely clear that, firstly, it is a public interest Constitutional Petition and according to the observations of this Court in the case of Democratic Workers Union C.B.A. v. State Bank of Pakistan and others reported in (SBLR 2001 Karachi 439), such can only be initiated before the Supreme Court of Pakistan under Article 184(3) of A the Constitution of Islamic Republic of Pakistan and secondly, that Environmental Protection Authorities as well as Environmental Tribunals are existing the duty of which is to protect the environmental degradation and improve the conditions. The petitioner ought to have approached the proper forums for redress of his grievance. The constitutional petition is misconceived and is not maintainable. Accordingly, it stands dismissed in limine.