Law:

Section:

Punjab Environmental Protection Act (XXXIV of 1997)------- --------Ss. 16 & 21(3)(a)-------Punjab Local Government Act (XVIII of 2013), Ss. 138 & 143-------General powers of Inspector-------Power to seal property-------Scope-------Environmental Protection Order-------Jurisdiction and power of Environmental Protection Tribunal-------Petitioner had undertaken not to throw the polluted water in the drain and ensured safe disposal thereof-------Petitioner, therefore, had fair warning of the situation-------Distillery plant of the petitioner had been sealed after notice and opportunity, to rectify the (environmental) issues-------Power to seal provided under S. 138 of Punjab Local Government Act, 2013 was to be exercised in cases of threat to public health, safety or welfare of the public, and the same was an independent power-------Pendency of (Environmental) appeal or complaint against the petitioner could not prevent the Inspector from taking notice of the serious threat to the public health and safety-------Remedy of appeal against the impugned order being available to the petitioner under S. 143 of Punjab Local Government Act, 2013, constitutional petition was dismissed. THIS ORDER PASSED BY: AYESHA A. MALIK, JUSTICE:--------- Through this petition, the Petitioner has impugned the sealing of distillery plant by the Respondent No.2 for being illegal and contrary to law. 2. The case of the Petitioner is that the Petitioner runs a distillery plant, which is environment friendly and does not cause any adverse environmental effect nor any pollution. The Petitioner received a notice on 21.10.2008 requiring the Petitioner to appear before the Director (North/P&C), EPA Punjab with respect to a complaint issued that its distillery plant was generating water waste, which is exceeding the NEQS limits. The Petitioner filed a reply to the notice wherein it explained the steps that had been taken to remain within the NEQS limits. On 12.02.2009 an Environmental Protection Order (EPO) was issued under section 16 of PEPA, 1997. It was found that the liquid effluents released by the distillery plant exceed the NEQS limits. Against this order, the Petitioner filed an…

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