Law: Pakistan Environmental Protection Act, 1997

Section: 21(3),23(1)

Law: Limitation Act, 1908

Section: 5,29(2)(a)(b)

Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 21(3) & 23(1)---Limitation Act (IX of 1908), Ss. 5 & 29(2)(a)(b)---Appeal to High Court---Delay---Application for condonation of delay---Appeal was time barred for four days---Period of limitation for filing appeal as prescribed under S. 23(1) of the Pakistan Environmental Protection Act, 1997, was thirty days---Period of limitation prescribed by the special law would prevail over the Limitation Act, 1908---Application made under S. 5 of the Limitation Act, 1908 for condonation of delay, thus, was not competent in view of the bar contained in S. 29(2)(a)(b) thereof:--Even otherwise, reason of delay as stated in the petition had not been supported by any documents like medical certificate etc.---Neither any cogent reason had been given for condonation of delay, nor the delay of each day had been explained---Application was dismissed in circumstances. The State through Additional Advocate-General Sindh/Public Prosecutor v. Anis Bawani and 2 others 2000 PCr.LJ 1418; Akhtar Naeem alias Waqas Chaudhary v. The State PLD 2007 Kar. 277; Haji Muhammad Ashraf v. The State and 3 others 1999 MLD 330; Govt., of Pakistan v. Messrs Hassan Khan 2003 YLR 1686; Aziz-ur-Rehman Hamid v. Crescent Commercial Bank 2008 SCMR 54 and Ch. Muhammad Hanif v. Chairman Federation of Pakistan 2010 YLR 1577 rel. ORDER: Messrs Pehlwan Marble Factory through Muhammad Asif/ appellant was tried by the Environmental Tribunal Punjab Lahore in complaint under the Pakistan Environmental Protection Act, 1997 where-after he was convicted under section 21(3) of the Pakistan Environmental Protection Act 1997 and sentenced to pay fine of Rs.1,00,000 failing which the appellant have to pay further fine of Rs.15,000 per day during the period non-compliance of the direction continues. 2. As per office objection the appeal filed by the appellant is time barred for four days. Along with appeal, the petitioner has also moved an application wider section 5 of the Limitation Act 1908 for condonation of aforesaid delay in filing appeal. 3. It is contended that due to ‘sunstroke, the petitioner became seriously ill and could not engage his…

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