Law: Pakistan Environment Protection Act, 1997

Section: 8,11,12,16,17

Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 8, 11, 12, 16 & 17---Establishment of Poultry Farm without environmental approval---Allegations of foul odour, nuisance causing adverse environmental effects in the locality---Inspector (Environment), who inspected the Poultry Farm found the premises of the Farm was surrounded by agricultural land---Capacity of the Poultry Farm was 5000 chicks---Waste of the Farm was used in the fields as manure---No environmental approval of establishing the Farm had been obtained from Environmental Protection Agency (EPA)---Inspector had observed that waste and dead bodies of chicks emitted bad smell causing adverse effect on the environment---Environmental Protection Order (EPO) was issued to the Farm to remove said defects---Charge was framed against the Poultry Farm under S. 12 of Pakistan Environmental Protection Act, 1997 i.e. establishment of Poultry Farm without obtaining NOC and for failure to comply with the directions contained in EPO---Construction of poultry shed in contravention of the law was a major issue---Said sheds were constructed on agriculture land near the human settlements and commercial activity was undertaken without any permission or conversion of the status of the land---Close proximity of the Poultry Farm from human settlement was a cause of great concern---Flies/rodents and other pests were additional mance to the local area, its health and well being---Section 12 of the Pakistan Environmental Protection Act, 1997, had clearly mandated that if a project had an adverse impact on the environment, EIA/Environmental Impact Assessment must be filed---Admitted facts were, that Poultry Farm was established on agricultural land and there was no management plan for disposal of dead birds---Defence remained unable to create any dent in the departmental case---Management was rightly imposed penalty in circumstances. Ms. Imrana Tiwana and others v. Province of Punjab and others 2015 CLD 983 ref. THIS JUDGMENT DELIVERED BY: SHAZIB SAEED, CHAIRPERSON:---.--- Brief facts of the case are that RB Poultry farm No. 1 was visited by PW-1 Naveed Ahmad Inspector (Environment) on 01st October 2011 and…

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