| Citation(s) |
|---|
| 2016 SLG 3367 2016 SLD 3367 2016 CLD 1429 |
Environmental Tribunal, Lahore
JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND UBAID RUBBANI, MEMBER GENERAL
Ejaz Majeed, D.D. (L&E) for the Complainant/EPA. Miss Amina, ADPP for the State. Ali Usman, Counsel for
Respondent.
JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND UBAID RUBBANI, MEMBER GENERAL
Ejaz Majeed, D.D. (L&E) for the Complainant/EPA. Miss Amina, ADPP for the State. Ali Usman, Counsel for
Respondent.
MESSRS COLONY SUGAR MILLS AND DISTILLERY, KARMANWALA, PHALIA, DISTRICT MANDI BAHADUDIN
VS
ENVIRONMENTAL PROTECTION AGENCY THROUGH D.G.COMPLAINANT
Law:
Section:
(a) Punjab Environmental Protection Act (XXXIV of 1997)------- --------Ss. 18, 17(5), 16, 11 & 6(2)(a)--------Environmental Protection Order-------Offences by bodies corporate-------Prohibition of certain discharges and emissions-------Functions of Provincial Agency-------Complaint against person, other than the Chief Executive of company, not maintainable-------Under S. 6(2)(a) of Punjab Environmental Protection Act, 1997, the Agency was empowered to conduct inquiry or investigation and might request any person to furnish any information or data relevant to its functions-------Investigation Officer/Inspector was under legal obligation to thoroughly investigate the matter and determine the liability before proceeding further, and in case of a company, he might determine as to who was the Chief Executive of the company-------Said information could be obtained from the Securities and Exchange Commission of Pakistan, where Form 29 submitted by the company was available-------No occasion, therefore, existed to initiate proceedings against accused, who had never been the Chief Executive of the company and all the proceedings initiated against present accused were based on misconception-------In terms of S. 18, proviso, of Punjab Environmental Protection Act, 1997, only the Chief Executive could be held liable for violation of Environmental laws and none else------- No analysis report had been procured after passing of the Environmental Protection Order and before filing the complaint to prove the allegations under S. 11 of Punjab Environmental Protection Act, 1997-------Complaint was dismissed accordingly. AIR 1665 (sic.) SC 1595 and AIR 1950 SC 188 ref. (b) Punjab Environmental Protection Act (XXXIV of 1997)------- --------S. 18------- Offences by bodies corporate------- Person liable to prosecution-------Wisdom behind S. 18, proviso of Punjab Environmental Protection Act, 1997 is that the legal entity/corporate body or company has to be prosecuted through some natural person, and, in case of a company, the Chief Executive is said person as per S. 18, proviso, of Punjab Environmental Protection Act, 1997-------If like other corporate bodies, anyone can be…
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