Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)-------S. 21---Criminal Procedure Code (V of 1898), S. 133---Constitution of Pakistan, Art. 185(3)---Public Nuisance---Nuisance created by machines in grind mill installed in inhabited area---Notices were issued by Supreme Court to Director-General Environment to explain as to whether installation of grind mill in inhabited area was permissible---Director-General Environment submitted report outlining, the different forms of nuisances created by the machines installed; the reasons for the nuisance; remedial measures that could be adopted to reverse the impact of the nuisance, and the fact that machines had since been sealed and were not operational on orders of the Assistant Commissioner---Contention of petitioner was that the grind mill was a nuisance in all forms and manifestations and it was required to be removed--- Validity---Respondent had stated that machines installed by him had been sealed under order of the Assistant Commissioner and in case he operated them again, same would abide by all the remedial measures suggested by the Director-General Environment in his report---Petition for leave to appeal was disposed of accordingly. ORDER EJAZ AFZAL KHAN, J.---This petition for leave to appeal has arisen out of the order dated 30-6-2011 of the Lahore High Court, Bahawalpur Bench whereby writ petition filed by the petitioner was dismissed. 2. This case was heard by a Bench of this Court headed by the Chief Justice which directed as under:-- "2. Issue notice to the respondents as well as Director-General Environments, Government of Punjab Lahore to appear and explain as to whether installation of such a grind mill in inhabited area is permissible or otherwise. Adjourned to 29th July, 2011. Notice be issued during course of the day. Learned counsel for petitioner shall assist the office in effecting service upon the respondents." 3. Pursuant to the directive of this Court a report was submitted by the Director-General Environment, relevant paragraphs whereof are reproduced herein below:-- "2. District Officer (Environment), Bahawalnagar was deputed for ascertainment of factual position exist at the site. He…

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