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The Climate Litigation Database

Mian Muhammad Asif v. Superintendent of Police and others

Geography
Year
2019
Document Type
Litigation

About this case

Filing year
2019
Status
Decided
Court/admin entity
Pakistan → Punjab → Lahore High Court
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global)
Principal law
Pakistan → Common Law (Public Trust Doctrine)Pakistan → Punjab Land Revenue Act, 1967Pakistan → Punjab Mining Concession Rules, 2002
Topics
, ,  

Documents

Filing Date
Document
Type
Topics 
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Search results
10/10/2019
On October 10, 2019, the Lahore High Court considered a brick-kiln operator's challenge to police interference with the excavation and transport of soil. The Court declined to resolve the petitioner's fact-dependent individual claim but used the proceeding to address unregulated topsoil removal by the brick industry. It held that soil falls within the public trust doctrine because it supports plant growth, filters water, maintains atmospheric-gas balance, stores carbon, and sustains ecosystems. Relying in part on the IPCC Special Report on Climate Change and Land and Asghar Leghari v. Federation of Pakistan, the Court found that removal of topsoil contributes to desertification, lower agricultural yields, food insecurity, environmental degradation, and climate change. The Court directed the Government of Punjab to begin, within six months, administrative and legislative measures to regulate brick manufacturing and the use and conservation of soil, in consultation with affected agencies and industry stakeholders.
Decision
–

Summary

On October 10, 2019, the Lahore High Court considered a brick-kiln operator's challenge to police interference with the excavation and transport of soil. The Court declined to resolve the petitioner's fact-dependent individual claim but used the proceeding to address unregulated topsoil removal by the brick industry. It held that soil falls within the public trust doctrine because it supports plant growth, filters water, maintains atmospheric-gas balance, stores carbon, and sustains ecosystems.

Relying in part on the IPCC Special Report on Climate Change and Land and Asghar Leghari v. Federation of Pakistan, the Court found that removal of topsoil contributes to desertification, lower agricultural yields, food insecurity, environmental degradation, and climate change.

The Court directed the Government of Punjab to begin, within six months, administrative and legislative measures to regulate brick manufacturing and the use and conservation of soil, in consultation with affected agencies and industry stakeholders.

 Topics mentioned most in this case  
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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance