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LHC orders stringent laws to protect climate, forests

LAHORE: The Lahore High Court has issued a set of directions to various departments of the Punjab government to plant saplings and protect forests and make the existing laws more stringent to deal with the violations.

“All the respondents shall take steps to protect, manage and conserve the forests and trees in the urban areas, in fact make manifest and obvious efforts, to enlarge the forests and trees in Pakistan and the Punjab,” states a 78-page judgment issued by Justice Jawad Hassan on several petitions.

The petitions were moved by lawyers and civil society activists questioning the government’s failure to implement laws and to seek explanations from the respondent departments as to how the National Climate Change Policy 2012, the National Forest Policy 2015 and the Forest Policy Statement, 1999 have been implemented to increase the forest cover in Pakistan and Punjab. They further sought reasons for drastic reduction in forest cover in the country, particularly in Punjab, and demanded measures to increase the forest cover to reach the minimum satisfactory standards of 20-25pc necessary for a balanced economy.

The petitioners also urged court to initiate proceedings against the officials who failed to discharge their duties.

The Lahore Development Authority, the Forestry, Wildlife and Fisheries Department, the registrar cooperative, the Environment Protection Agency and the Parks and Horticulture Authority were made respondents in the petitions.

The directions issued by court say every responsible ministry, division, department and authority shall publish yearly report in which it shall highlight expansion of the forest area, tree plantation campaign in the urban areas and also the action taken by them in compliance with laws.

It orders the authority concerned to impose penalty against relevant officers for omission of their duties, if any, under the laws and also against the public for cutting trees.

The judgment states that the secretary cooperative and registrar cooperative shall issue directions to housing societies and authorities for planting at least two trees in green belt in front of each house. They should also mention in their allotment letters and bye-laws of the society heavy penalties and punishments for cutting trees (at least Rs25,000 per tree).

It directs the government to utilise the media and other means to inform the public and create awareness about benefits of trees and mechanism of lodging a complaint for any violation of the law.

“Every area shall have a person to file complaint depending on the jurisdiction of the area and duties of the officers,” the verdict mandates and also directs the authorities to make comprehensive policies with respect to plantation of trees in urban areas with experience of the Urban Plantation Policy.

The judge orders schools, colleges, higher education institutes, hospitals, parking sites etc., to make policy for planting trees in open spaces and waiting areas/car parks.

“The government of the Punjab through its respective departments shall make laws in imposing penalty and heavy fine for cutting, removing and damaging any tree without permission of the authority concerned and consider all mitigating measures at the time of public hearing of any project such as Initial Environmental Examination and Environmental Impact Assessment,” the judgment concludes.

Published in Dawn, September 1st, 2019



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