| Citation(s) |
|---|
| 2015 SLG 2829 2015 SLD 2829 2015 CLD 1079 |
Environmental Tribunal, Lahore
Appeals Nos. 5, 8, 11, 17, 19, 21 and 24 of 2014, decided on 4th February, 2015.
, JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND UBAID RUBBANI, MEMBER GENERAL
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Appeals Nos. 5, 8, 11, 17, 19, 21 and 24 of 2014, decided on 4th February, 2015.
, JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND UBAID RUBBANI, MEMBER GENERAL
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Messrs UNITED ETHANOL LIMITED and 6 others
VS
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB
Law:
Section:
Punjab Environmental Protection Act (XXXIV of 1997)--- ----Ss. 12, 17, 22, 31 & 33---Application for environmental approval---Dismissal---Establishment/appellants installed tyre pyrolysis plants, which was latest technology, and widely accepted throughout the modern world---Increasing industrialization and motorization, had led to a significant rise in demand of petroleum products---Pyrolysis of scrap tyres could be used effectively to produce oil, thereby solving the problem of waste tyre disposal---Pyrolysis was a thermochemical decomposition of organic material at elevated temperature in the absence of oxygen---Environmental Protection Agency (EPA), did not communicate its approval or otherwise within the stipulated period, and under S.12(4) of Pakistan Environmental Protection Act, 1997, the reports were deemed to be approved, after lapse of statutory period---Environmental Protection Agency, after keeping the matter pending for a considerable period, communicated the impugned orders, whereby applications of the appellants for Environmental Approval was declined---Pakistan being a party to the 'Basel Convention', had adopted Revised Technical Guidelines for the environmentally sound management of used and waste pneumatic tyres---Pyrolysis, was internationally recognized as environmentally sound process of recycling waste tyres; and Guidelines had been adopted by Basel Convention---Pakistan had adopted the policy of sustainable development, use of natural resources scarcely and to use indigenous coal, biomass in power plants to reduce reliance upon imported oil---Environmental Protection Agency failed to adopt the legal procedure contained in S.12 of Pakistan Environmental Protection Act, 1997---Environmental Protection Agency was not empowered to decline demand of the appellants---Agency, either had to approve or could require submission of EIA by the proponent, if permissible by law; and for the reasons to be recorded, only in case the project was likely to have any adverse environmental effect---In the present case, Agency, travelled beyond its jurisdiction and declined environmental approval without requiring appellants to submit EIA---No adverse…
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