MUHAMMAD QASIM KHAN, C.J.---This Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 "the Constitution" filed by the Petitioner as pro bono publico seeks enforcement of fundamental right to safe and secure life of citizens as guaranteed under Article 9 of the Constitution referring to his utter dismay for the maceration of environmental system being an outcome of sheer disregard to the forest and climate change policies by the respondents which have jeopardized the quality of life for the citizens. It was prayed that the Respondents be directed to restore original status of all those lands which are being used in violation of Lahore Development Authority Land Use Rules, 2014, especially the agriculture lands and the lands falling in green zones for the purpose of disconnection of utility installations thereupon, so long as those are not utilized for prohibited purposes; along with a direction for disciplinary proceedings against those delinquent officials who perpetuated/allowed/ facilitated and illegally protected the owners of such lands in defiance to the prevailing law and rules.
2. Reports and parawise comments were called from the respondents and necessary directions were issued from time to time in order to bring to the fore the actual scenario of the situation regarding procedure of approval for housing societies to be established and constructed upon green belts and provision of civic amenities including space for graveyards for the residents of such societies.
3. Arguments have been heard. Record, respective reports and comments submitted on behalf of the respondents have been minutely perused.
4. Firstly , I would like to address the question of maintainability of instant writ petition from the standpoint that generally a Constitutional petition can be filed by a person who is aggrieved and has got a locus standi. There is no denial to this fact that the present petition er has brought the issue of violation of LDA laws, rules and regulations, which have a direct bearing on the lives of citizens of the province and run against the fundamental rights provided and safeguarded under the Constitution. It is not far-fetched to delineate that the courts are custodian of fundamental rights of citizens and protecto r of civil liberties and the Constitution made it imperative upon the Courts to pass orders and issue directions in case of breach of fundamental rights. The question of locus standi from the standpoint of bringing forth the issue of public importance and enforcement of fundamental rights on behalf of A the community has always been liberally interpreted by the Courts and such actions have not only been permitted within the purview of Article 184(3) and Article 199 of the Constitution but also appropriate orders have always been passed to ensure that protection of fundamental rights for the citizens must not be breached upon by the executive, in any manner , through its inactions. .
5. The Honorable Supreme Court of Pakistan in the case of Moulvi lqbal Haider v. Capital Development Authority and others reported as PLD 2006 SC 394 expounded the concept of pro bono publico in the following terms:- "The word 'pro bono publico' as defined in Blacks Law Dictionary , Chambers Dictionary and Oxford Dictionary generally means for the public good' or for -welfare of the whole' being or involving uncompensated legal services performed especially for the public good. 'Public interest' in the Black Law Dictionary , has been defined as the general welfare of the public that, warrants recognition and protection. Something in which the public as a whole has a stake; esp., an interest that justifies governmental regulation. It thus signifies that in case of public interest litigation, one can agitate the relief on his own behalf and also on behalf of the general public against various public functionaries, where they have failed to perform their duties relating to the welfare of public at large, which they are bound to provide under the relevant laws."
Similarly the Honorable Supreme Court in the case of Javed Ibrahim Paracha v. Federation of Pakistan and others reported as PLD 2004 Supreme Court 482 laid down the same principle, as follows:
10. No doubt with the development of new concept of public interest litigation in the recent years, a person can invoke the Constitutional jurisdiction of the superior Courts as pro bono publico but while exercising this jurisdiction, he has to show that he is litigating, firstly , in the public interest and, secondly , for the public good or for the welfare of the general public. The word 'pro bono publico' as defined in Black Law Dictio nary, Chambers Dictionary and Oxford Dictionary generally means for the public good' or for welfare of the whole' being or involving uncompensated legal services performe d especially for the public good. 'Public interest' in the Black Law Dictionary , has been defined as the general welfare of the public that warrants recognition and protection.
Something in which the public as a whole has a stake; esp., an interest that justifies governmental regulation. It thus signifies that in case of public interest litigation, one can agitate the relief on his own behalf and also on behalf of the general public against various public functionaries, where they have failed to perform their duties relating to the welfare of public at large which they are bound to provide under the relevant laws. Viewing the bona fide of petitioner in the above contest, we are of the opinion that the petitioner has not been able to show that he was aggrieved person within the meaning of Article 199 of the Constitution and can agitate his grievance as 'pro bono publico'.
This Court in the case of Sheikh Asim Farooq v. Federation of Pakistan (PLD 2019 Lahore 664) also held that if public interest is brought before the Court with bona fide intention and the same is not tainted with vested interests, then principles of locus standi/aggrieved person are to be interpreted liberally by the Courts. Relevant extract out of the same is reproduced as under:-
22. Public Interest Litigation ("PIL") is a powerful tool for individuals and groups for combating illegalities, injustice and social ills which promotes and protects the larger public interest in case of violation of any fundamental rights.
As long as the public interest prayed for is bona fide and not based on any vested interests, the principles of locus standi /aggrieved person are to be interpreted liberally by the Courts. Reliance in this regard is placed on "Province of Sindh and others v. Lal Khan Chandio and others" (2016 SCMR 48), "Messrs Al-Raham Travels and Tours (Pvt.) Ltd. and others v. Ministry of Religious Affairs, Hajj, Zakat and Ushr through Secretary and others" (2011 SCMR 1621 ), "Ardeshir Cowagee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others" (1999 SCMR 2883 ), "Mian Shabir Asmail v. Chief Minister of Punjab and others" (PLD 2017 Lahore 597), "District Bar Association, Rawalpindi v. Federation of Pakistan and others "(PLD 2015 SC 401), "Ms. Imrana Tiwana and others v. Province of Punjab and others " (PLD 2015 Lahore 522), "Habibullah Energy Limited and another v. WAPDA through Chairman and others" (PLD 2014 Supreme Court 47), "Salahuddin Dharaj v. Province of Sindh through Secretary , Local Government Department and 4 others" (PLD 2013 Sindh 236), "Awed Ibrahim Paracha v. Federation of Pakistan and others" (PLD 2004 Supreme Court 482), "Iqbal Ahmad Dhudhi v. Federation of Pakistan and 5 others" (2014 CLC 1348 ), "Muhammad Qahir Shah and others v. Federation f Pakistan, Ministry of Railways, through Secretary , Islamabad and others" (2014 YLR 2571 ), PLD 2010 SC 759 -- Human Rights Case Nos.1 111 of 2006, 1111 of 2007 and 15283- G of 2010. The Respondents are under a Constitutional obligation to protect the Fundamental Rights of the public at large as per judgment of Hon'ble Supreme Court reported in "Muhammad Yasin v. Federation of Pakistan through Secretary , Establishment Division, Islamabad and other's" (PLD 2012 SC 132). The Superior courts bound to protect the Fundamental Rights of citizens in exercise of jurisdiction conferred via Article 199 or 184 (3) of the Constitution. Reliance is placed on (2011 PLC (C.S.) 1076 ). In the matter of: SUO MOTU CASE NO. 24 OF 2010 (Regarding Corruption in Hajj Arrangements in 2010), hence petition on behalf of public for violation of fundamental rights can be entertained by this Court.
6. In view of the precedent law quoted hereinabove, it is manifestly clear that the petitioner has put forth a pervasive concern which is rampant in its impact, raised an issue, which has a direct bearing on citizens. fundamental right of enjoyment of life well enshrined and protected under Article 9 of the Constitution and also directly affects the conditions and quality of living for the people residing within the province and therefore his petition being well within the scope of pro bono publico is maintainable in its present form. Even otherwise admittedly the petitioner is residing within the territorial limits of LDA and while breaching the rules and regulations of LDA thereby using the agricultural land and green belts area for development of the colonies, life of all the citizens including the petitioner has been and can be materially affected and for the same reason for enforcement of the fundamental rights of all the citizens , which are also available to the petitione r, he is an aggrieved person and competent to file this petition in his personal capacity , as well.
7. Now, adverting to the point of concern that came up during the course of proceedings and unveiled rather a bleak and sorry state of affairs concerns the provision of either insuf ficient or complete lack of basic amenities in private housing societies and colonies for general public which divulges blatant defiance and failure on the part of respondents to implement the law and rules in this regard. The most painful and intense fact surfacing on the record is shocking revelation that most of the private housing societies do not have dedicated appropriate piece of land as graveyard for the residents despite the fact that law and rules of LDA unequivocally make it obligatory .
8. Housing society is formed with the object of providing its members with dwelling houses on conditions to be determined by its by-laws. Housing Cooperative Societies are intended to provide better and cheaper houses especially to the low and middle income groups who, otherwise, cannot afford to own houses through individual efforts. They are functioning on the cooperatives principles of self-help, self-finance, mutual aid and self- governance. In addition to the above, Housing colonies or housing societies developed by the land-developers/ government/ semi-government institutions/ autonomous bodies are meant to provide better living places to the citizens equipped with fully civic necessiti es and for this purpose they make offers for its sale by different modes of advertisements and agreements highlighting the facilities which will be available to the allottees/purchasers so they are bound to fulfill their obligation.
9. It goes without saying that there are settled laws and rules which govern the modus operandi for establishing a housing society/colony as to how the land has to be acquired/purchased; but as an ill-luck would have it, the housing colonies/societies are being allowed to run their affairs without proper sanction. Although in some of the cases it is claimed that the procedure has been adopted but in those matters too, by-laws have not been adhered to stricto sensu rather those are being trampled upon apparently for ulterior gains. This is evident from the fact that in most of the cases agricultural land is being converted into setting up housing societies/colonies, as well as, the green belts are being permitted to be crushed in the name of providing houses to the public. There is no denying the fact that green belts are one of the prime requirements for healthy atmosphere pre-requisite for better living standards. The green belt designation is a planning tool and the aim of green belt policy is to prevent urban sprawl by keeping land permanently open. A green belt development helps in removing particulate matter from the air and reduces the intensity of sound. Trees can either deflect, refract or may absorb sound to reduce its intensity . The green belts also help in soil erosion contr ol and aid in containing water run offs. However , despite these irrefutable facts the green belts are being crushed for ulterior gains under the umbrella of providing houses to the public.
10. In our society ordinarily , we come across the complaints levelled against the administration of housing societies that the plots given to the purchaser after making full payment are different (locality wise) from what were shown to them at the time of agreement. This oftenly happens when the agreement (pre-requisite regarding sale/ purchase/transfer of property) is not registered with the Sub-Registrar rather different other modes which do not require registration such as transfer letter , allotment letter , agreement to sell and other similar documents, are used. This is somewhat a typical attempt at the part of developers of private housing societies to save stamp duty, registration fee and capital value tax (CVT), etc. By doing so the developers not only cause financial loss to the Government exchequer but they also keep the allottees in dark as they never feel secured in terms of their ownership with reference to authentic official record. While dealing this aspect august Supreme Court of Pakistan in a celebrated judgment reported as Messers Pak Gulf Construction Company (Pvt.) Ltd. Islamabad v.
Federation of Pakistan through Secretary Finance, Ministry of Finance, Islamabad and others (2020 PTD 336) had observed as under: - "However , during recent years with the development of co-operative housing societies and statutory authorities engaged in the business of development and sale of real estate, a methodology of transferring immovable property has evolved, whereby properties are transferred privately without involving the Registrar of Documents. Such private transfers are designed to avoid transactional costs, taxes and duties which in turn lead to higher turnover of such properties for investment purposes. Such societies, statutory authorities and even limited liability companies (such as the petitioner) adopt various modes of undertaking such transfers includ ing issuance of transfer letters, allotment letters, agreements to sell and other similar documents which do not require registration. Although such mode of transfer is not a legally recognized ode of transfer of immovable property , a practice has evolved over the past few decades whereby such properties change hands on the basis of allotment letters, agreements to sell, transfer letters etc. This method has obvious financial benefits by way of saving Stamp Duty, Registration Fee and CVT. The sum combined effect such savings comes to substantial amounts of money in addition to being convenient and less hasslesome."