| Citation(s) |
|---|
| 2016 SLG 756 2016 SLD 756 2016 CLD 1011 |
Lahore High Court
Writ Petition No. 22520 of 2015, decided on 11th March, 2016.
SHAHID BILAL HASSAN, J
Waqas Ahmad Mir for Petitioners. Ch. Tanveer Akhtar for
Respondent No. 3. Jawad Hassan and Ahmad Rafay Alam for
Respondent No. 8.
Writ Petition No. 22520 of 2015, decided on 11th March, 2016.
SHAHID BILAL HASSAN, J
Waqas Ahmad Mir for Petitioners. Ch. Tanveer Akhtar for
Respondent No. 3. Jawad Hassan and Ahmad Rafay Alam for
Respondent No. 8.
FERYAL ALI GAUHAR and others
VS
ENVIRONMENTAL PROTECTION AGENCY, PUNJAB and others
Law:
Section:
Mian Ejaz Majeed, Deputy Director (L&E) E.P.A. Punjab. Shah Faisal Aziz, Assistant Director, E.P.A. Sittar Sahil, A.A.G. Jahanzeb Inam for Respondent No.5. (a) Punjab Environmental Protection Act (XXXIV of 1997)--- ----S. 22 [as amended by Punjab Environmental Protection (Amendment) Act (XXXV of 2012)---Lahore Development Authority Act (XXX of 1975), S. 43---Lahore Development Authority Land Use Rules, 2014, R. 27---Petitioners challenged the order of Environmental Protection Agency, Punjab, whereby environmental clearance/approval for construction of a multi-storey hotel had been granted---Petitioners contended that the impugned order had been passed in violation of substantive and procedural requirements of the relevant environmental laws---Validity---Section 43 of Lahore Development Authority Act, 1975 provided that 'no court or Authority shall have jurisdiction to question the legality of anything done or any action taken under [it], by or at the instance of [LDA]'---Rule 27 of Lahore Development Authority Land Use Rules, 2014 spoke of a remedy of appeal before Government of Punjab in case of any grievance germane to any order passed by an officer under said Act and Rules---Section 22 of Punjab Environmental Protection Act, 1997 provided that any person aggrieved by any order or direction of the Environmental Protection Agency, Punjab under any provision of the Act might file appeal to the Environmental Protection Tribunal, which was functioning at present in full strength under Punjab Environmental Protection Tribunal Rules, 2012---Petitioners, in presence of said alternate remedies, should have approached the said forums instead of invoking the extraordinary constitutional jurisdiction---Petitioners, to satisfy the requirement of being an 'aggrieved person' in public interest litigation needed to disclose personal interest in the performance of legal duty owned to him---Authorities while granting approval for construction of the hotel in question, had followed the rules and regulations---Constitutional petition was dismissed in circumstances. Lt. Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty PLD 1961 SC 119; Catron (Industries)…
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