Sindh Institute of Urology and Transplantation vs. Nestlé Milkpak Limited, 2005 CLC 424, Karachi (Pakistan)

The Plaintiff sought to restrain Nestle from constructing a water-bottling factory in a particular area of Karachi, known as “Education City.” The Plaintiff asserted that many educational institutions had invested money and bought large tracts of land to develop this area as a haven for education and health. However, the Province sold the land to Nestle, which would deplete the ground water by using it in excessive amounts for its bottled water, thereby reducing the aquifer in an unsustainable manner. The Plaintiff claimed that the construction of a water-bottling unit in the area was in violation of the Environmental Protection Act, 1997 (EPA). Nestle stated that no provision of the EPA had been violated and that the unit would ascribe to the highest environmental standards. 

The Court agreed with the Plaintiff, citing the Stockholm Declaration. It stated that no civilized society would permit unfettered exploitation of its natural resources, and that as per the Stockholm Declaration, natural resources of the earth must be safeguarded for the benefit of present and future generations. The Court stated that natural resources like air, water and forests are a public trust and are to be made available to everyone irrespective of status. It restrained the Respondent from initiating commercial activities, including the setting up of a bottling plant on the said land.