Law:

Section:

Punjab Environmental Protection Act (XXXVI of 1997)------- --------Ss. 6(1)(g)(i), 11, 20 & 22-------Prohibition of discharges and emissions-------Punjab Environmental Quality Standards (PEQS)-------Violation-------Appellant was aggrieved of directions passed under Environmental Protection Order against it for non-compliance of PEQS-------Validity-------In order to attract provisions of S. 11 of Punjab Environmental Protection Act, 1997 it had to be proved that level of discharge and emission of any effluent or waste or air pollutant or noise exceeded the PEQS or where applicable, standards established under S. 6(1)(g)(i) of Punjab Environmental Protection Act, 1997-------Neither any such standards nor PEQS were prepared and notified in official gazette nor Punjab Environmental Protection Council had so far approved the PEQS-------Legislature never provided any mechanism in Punjab Environmental Protection (Amendment) Act, 2012 to save applicability of National Environmental Quality Standards (NEQS) till the preparation of PEQS-------Environmental Tribunal declined to convict any person under S. 11 of Punjab Environmental Protection Act, 1997 for violation of NEQS in the proceedings initiated after promulgation of Punjab Environmental Protection (Amendment) Act, 2012-------Environmental Protection Order passed against petitioner was unlawful, without authority and not sustainable in the eyes of law-------Environmental Tribunal set aside the order in question and remanded the matter to the authority for decision afresh-------Appeal was allowed accordingly. 2015 CLC 1053; PLD 2015 Lah. 345; 2015 SCMR 795 and PLD 2013 SC 255 ref. THIS JUDGMENT DELIVERED BY: JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON:--------------- The instant appeal has been preferred against the impugned Environmental Protection Order (EPO) dated 07.01.2015 which was allegedly never served on the appellant till 29.05.2015 when the same was communicated on the written request of the appellant vide letter dated 28.04.2015. The respondent No. 2 issued the impugned EPO which contained certain directions to immediately stop dumping of ash in the open plot and remove all the ash from the site;…

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