2001 YLR 1139

Per S. Ahmed Sarwana, J.

(a) Constitution of Pakistan, 1973 Article 9

At this juncture, we may state that in our opinion, the right to life guaranteed by the Constitution includes the right to live in a clean and healthy environment. It is, therefore, the duty of the legislature to enact laws and of the Government to enforce them in a manner which promotes the achievement of high intellectual and spiritual goals and happiness in life by the citizens.[p.1146]A

(b) Constitution of Pakistan, 1973 Article 199

From the above survey of law and history we can safely conclude that sociologists, medical doctors and judges are all unanimous on the point that open spaces, parks and gardens are necessary for the physical and mental health of a society and it these facilities are not mandatorily made available to the residents of city, it would create problems of mental health, rise in crime rate and degradation of moral values of the inhabitants.

However, none of them sated that the open spaces being used by the Corporation for Bus Depots, Workshops, Bus Terminals, Bus Stands and Training Schools would be kept as they are and the said open spaces as existing today would not be changes to residential commercial or industrial use without a properly prepared scheme. For reasons discussed above, it would be proper to direct the respondents to take all future action in relation to the use of land in the Province of Sindh in general and the lands in question in particular under proper Town Planning Schemes so that haphazard structures of concrete and steel may not corp up like wild mushrooms without any application of mind of the relevant authorities which would deprive the citizens of their fundamental rights to live in a healthy and harmonious environment. [pp. 1146, 1147]B,D

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