Law: Sindh Environmental Protection Act, (VIII of 2014)

Section: 17,31

Law: Constitution of Pakistan, 1973

Section: 199,270-AA(6)

Law: Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000

Section: 10

Sindh Environmental Protection Act (VIII of 2014)--- ----Ss. 17 & 31---Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000, Regln. 10---Constitution of Pakistan, Arts. 199 & 270-AA(6)---Constitutional petition---Environment Impact Assessment---Laws applicable---Concurrent List of the Constitution, omission of---Petitioner was a Housing Authority and assailed Environment Impact Assessment issued by authorities regarding projects of respondent company---Validity---Even after omission of concurrent legislative list all Ordinances, orders, rules, bye-laws, regulations and notifications and other legal instruments having force of law made in respect of any matter enumerated in that list continued to remain in force until altered, repealed or amended by competent authority---Provisions of Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000, were neither altered nor repealed or amended, therefore, the same continued to remain in force until and unless regulations and rules framed under Sindh Environmental Protection Act, 2014---Law applicable was Sindh Environmental Protection Act, 2014 and Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000---Law did not impose responsibility of adjudication of grievances of stakeholder while approving Environment Impact Assessment, however provided for reasoning only when the Agency after examining Environment Impact Assessment rejected project being contrary to environmental objectives---In case Environment Impact Assessment was granted law had provided that approval would specify conditions subject to which it was accorded---Approval in favour of respondent company specified conditions on the basis whereof approval was accorded---Requirement of submitting Strategy Environmental Assessment (SEA) was to be undertaken by government agencies, departments, authorities, local councils before formulating prescribed categories of policies, plans and programs for areas which could cause environmental impact in the Province of Sindh and not in respect of project, which was being constructed in an area in respect whereof government had…