Law: Pakistan Environment Protection Act, 1997

Section: 12,13,22

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

Section: 6,9,10,13

Pakistan Environmental Protection Act (XXXIV of 1997) [as amended by Punjab Environmental Protection (Amendment) Act (XXXV of 2012)]--- ----Ss. 12, 13 & 22---Pakistan Environmental Agency (Review of IEE and EIA) Regulations, 2000, Reglns. 6, 9, 10 & 13---Environmental approval for construction of multi-storeyed hotel---Environmental Protection Agency, granted environmental approval for construction of multi-storeyed hotel (21 upper floors and 3 basements)---Appellants, who were residents of the vicinity, being aggrieved of said environmental approval sought information as to whether any approval had been granted regarding said project; they also requested for providing them certified copies of the approval, if any, but the agency did not respond to their request---Appellants filed appeal on uncertified copy of the impugned order, which appeal was within time---Appeal had been filed on the grounds; that impugned order was passed without application of mind in a cyclostyle generic form, without hearing all the stakeholders as well as the appellants whose quality of life, privacy and constitutional rights were directly affected and violated by the impugned project; that approval was granted on the basis of IEE (Initial Environmental Examination), which was violative of the applicable law, as well as by-laws of the concerned Town; that impugned approval could not be granted with conditions; that EIA (Environmental Impact Assessment) could only be cleared by imposing certain directions; that the project had an adverse environmental effect, so the proponent was required to furnish "EIA" and not "IEE"; that no public hearing was conducted before granting said approval---Appellants, who were the neighbours, were not heard and associated in the proceedings---Advisory Committee had also not been constituted as required by law---Appeal filed by the appellants being within time, was liable to be disposed of on merits---Impugned order, though contained a condition to get "NOC" from immediate neighbours, but neither it was determined as to who were the immediate neighbours from whom the "no objection certificate" was required nor the impugned order was ever…