D.G. Khan Cement Company Ltd. vs. Government of Punjab through its Chief Secretary, Lahore, etc., C.P. 1290-L/2019 (Pakistan)

The case stems from a Notification issued by the Government of Punjab, under the Punjab Industries Ordinance, to the effect that the establishment of new cement plants and expansions of existing cement plants shall not be allowed in the “Negative Area” falling within the district where the petitioner's cement plant is located. The Notification is based on the finding that installation or expansion of cement plants could cause further depletion of groundwater. Moreover, the area, which contained forest areas, settlement and agricultural lands, is an environmentally fragile zone which needs to be protected. The petitioner assailed the Notification, arguing that it violated its constitutional right to freedom of trade, business and profession, and that the government acted in undue haste by issuing the regulation without full consideration of scientific impacts.

The court rejected the petition. In addition to municipal law grounds, the court cited the well-established precautionary principle as well as the emerging principle of in dubio pro natura. Moreover, the environment needs to be protected in its own right, consistent with the approach of personification of the environment. This approach, one of the latest evolutions in environmental law, protects and preserves nature and its objects. Furthermore, water resources are inextricably linked with climate, hence rational groundwater exploitation is necessary to address the impact of climate change on water resources. The court also invoked intergenerational justice and the need for climate democracy.