Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF PAKISTAN

IN THE PAKISTAN SUPREME COURT
HUMAN RIGHTS CASE NO. 15 –K OF 1992

Ms. SHEHLA ZIA AND OTHERS........................................PETITIONERS
VERSUS

WATER AND POWER DEVELOPMENT
AUTHORITY (WAPDA).........................................................RESPONDENTS

BEFORE: SALEEM AKHTAR. J.

Constitutional Law: Precluding principle, when applicable. Sustainable Development.
Balance development with environmental production.

The respondent authority was constructing a grid station in a residential area. The petitioners who
were residents in the vicinity alleged that the electromagnetic field created by the high voltage
transmission lines at the grid station would pose serious health hazards to them which led to this
application.

HELD:

1. In order to protect the environment the precautionary approach should be widely applied.


2. Where there is a state of uncertainty, the authorities should observe the rule of prudence
   and precaution.


3. The court appoints NSPACK as a Commissioner to examine and study the scheme
   employed by WAPDA (Water and Power Development Authority) and report whether
   there is any likelihood of any hazard of adverse effect on the health of the residents of the
   locality as well as ways of minimising it.


4. One cannot ignore that energy is essential for present day life, therefore a method should
   be devised to strike a balance between economic progresses and to minimise possible
   hazards. Therefore a policy of sustainable development should be adopted.


5. WAPDA is directed that in future prior to installing any grid station they should issue
   public notice in news papers, radio, television and to finalise the plan after considering
   the objections.

PRESENT: NASIM HASAN SHAH,C.J.,

SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ