Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)-------Ss. 22 & 23---Appeal---Limitation---Appeal has to be preferred before Tribunal or High Court within thirty days of communication of order. (b) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 22 & 23---General Clauses Act (X of 1897), S.9---Limitation Act (X of 1908), S.12---Appeal---Limitation---Computation---Period spent in getting certified copy---Appellant preferred appeal before Environmental Tribunal, which was dismissed being barred by limitation---Plea raised by appellant was that no order was communicated to the appellant and appeal was filed after getting certified copy of the order---Validity---Nothing was placed on record to show as to when order of Environmental Tribunal was communicated to the appellant, if at all---Benefit of time spent by appellant in obtaining certified copy of the order, therefore, accrued to him, by virtue of provisions of S.12 of Limitation Act, 1908---Appeal filed by appellant was well within time and order passed by Tribunal was set aside and matter was remanded for decision afresh---Appeal was allowed accordingly. Messrs Tribal Friends Co. v. Province of Balochistan 2002 SCMR 1903; Sher Muhammad and 6 others v. Gul Fraz 1989 CLC 1344; Messrs Malik Muhammad Nawaz, Haji Aziz Ahmad Commission Agents, Chakwal v. Syed Mehmood Hussain 1997 SCMR 264 and Muhammad Amin v. Muhammad Latif PLD 1996 Lah. 321 ref. Imran Ahmad Bhatti for Appellant. Sharjeel Haider, Assistant Director (Legal), Environment Protection Agency, Punjab for Respondent. Date of hearing: 4th March, 2013. JUDGMENT MAMOON RASHID SHEIKH, J.--- The limited question of law involved in the instant appeal which requires determination is that whether the appeal filed by the appellant under section 22 of the Pakistan Environmental Protection Act, 1997 (the Act), before the learned Environmental Tribunal, Punjab (the Tribunal), against the Environmental Protection Order (the EPO) dated 31-5-2010 passed under section 16 of the Act, by the Director-General, Environmental Protection Agency, Government of the Punjab (the respondent) was within time or not. 2. The learned counsel for the…

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