Law: Pakistan Environmental Protection Act, 1997

Section: 16 & 23

Syed Riaz-ul-Hassan Gillani for Appellant.Mubashar Latif Gill, A.A.G.Syed Ahsan Raza Hashmi for Respondent No.7.Hafiz Muhammad Tahir and Khalid Iqbal Cheema for other Respondents.(a) Pakistan Environmental Protection Act (XXXIV of 1997)---------------Ss. 16 & 23-------Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000, Regln. 20(3)-------Environmental protection-------Sealing of property-------Audi Alteram Partem, principle of-------Applicability-------Appellant company was aggrieved of sealing its factory by authorities under Pakistan Environmental Protection Act, 1997-------Plea raised by appellant was that no opportunity of hearing was provided to appellant, before sealing its factory-------Validity-------Authorities were not empowered under S. 16 of Pakistan Environmental Protection Act, 1997, and Regulation 20(3) of Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000, to seal property-------Sealing of property/premises of appellant by authorities was beyond the scope of Pakistan Environmental Protection Act, 1997, and Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000-------Action of sealing property of appellant by authorities was violative of principle of audi alteram partem as no notice was given by authorities to appellant-------Principles of natural justice had to be observed in all proceedings whether judicial or administrative, if proceedings were to result in consequences affecting person or property or other right of parties concerned-------Such rule was applied even though there was no positive words in the statute or legal document whereby power was vested to take such proceedings and in such cases such requirement was to be implied into it as the minimum requirement of fairness-------High Court set aside the order of sealing of factory of appellant by authorities-------Appeal was allowed in circumstances.Amanullah Khan v. Chief Secretary, Government of N.-W.F.P. and 2 others 1995 SCMR 1856; The University of Dacca through Vice Chancellor and The Registrar, University of Dacca v. Zakir Ahmad PLD 1965 SC 90; Mrs. Anisa Rehman v. P.I.A.C. and another…