| Citation(s) |
|---|
| 2016 SLG 754 2016 SLD 754 2016 CLD 913 |
Environmental Tribunal, Lahore
Appeal No. 20 of 2015, decided on 16th December, 2015.
, JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND MUZAFFAR MAHMOOD, MEMBER GENERAL
Sardar Aasif Ali Sial, counsel for Appellant. Rafay Alam, counsel for
Respondent No. 2. Nawaz Manik, Director Legal for the EPA.
Appeal No. 20 of 2015, decided on 16th December, 2015.
, JUSTICE (R) CH. MUHAMMAD YOUNIS, CHAIRPERSON, PROF. DR. A.R. SALEEMI, MEMBER TECHNICAL AND MUZAFFAR MAHMOOD, MEMBER GENERAL
Sardar Aasif Ali Sial, counsel for Appellant. Rafay Alam, counsel for
Respondent No. 2. Nawaz Manik, Director Legal for the EPA.
LALA PAK BRICKS KILN
VS
DIRECTOR GENERAL, EPA and others
Law:
Section:
(a) Punjab Environmental Protection Act (XXXIV of 1997) [as amended by Punjab Environmental Protection (Amendment) Act (XXXV of 2012)]--- ----Ss. 16, 12, 6 & 5---Pakistan Environmental Protection Act (XXXIV of 1997), S. 8---Environmental Samples Rules, 2001, R. 6---Initial Environmental Examination and Environmental Impact Assessment---Establishment, powers and functions of Provincial Environmental Protection Agencies---District Officer (Environment) issued EPO to the appellant directing him to make arrangements to regularize his unit under S. 12 and to stop activities of the brick kiln---Validity---Before promulgation of amended Act as per 18th Amendment of the Constitution, the Provincial Agencies had been established under S. 8 of Pakistan Environmental Protection Act, 1997, but after the amendment and the promulgation of Punjab Environmental Protection (Amendment) Act, 2012, the Provincial Agency was required to be re-constituted under the Act, because S. 8 of Punjab Environmental Protection Act, 1997 had been omitted by the Legislature---No such Provincial Agency as required under S. 5 of the amended Act had been constituted and notified in the official Gazette---Section 5(4) of Punjab Environmental Protection Act, 1997 provided that the powers and functions of the Provincial Agency would be exercised and performed by Director General---Section 5(5) of Punjab Environmental Protection Act, 1997, however empowered Director General to delegate any of those powers and functions by general or special order to staff appointed under S. 5(3) of Punjab Environmental Protection Act, 1997---Notification available on the record did not find mention that Director General had delegated the functions of the Provincial Agency under S. 6(1)(a) of Punjab Environmental Protection Act, 1997 to the District Officer (Environment)---Any functions and powers of the Provincial Agency enumerated in Ss. 6 & 7 of Punjab Environmental Protection Act, 1997 could be delegated by Director General to any officer appointed under S. 5(3) of Punjab Environmental Protection Act, 1997 to pass the EPO could not be delegated to any District Officer (Environment) by Director…
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