Law:

Section:

(a) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 11, 16, 21 (3) & 23---Brick kiln unit damaging environment by emitting smoke--- Complaint against such unit--- Order of Environmental Tribunal imposing fine and direction to adopt technical measures to reduce the emission---Appeal---Limitation---Condonation of delay---Scope---Appellant's unit was found damaging environment by emitting smoke which resulted into air pollution---Environmental Protection Order was rightly passed in circumstances---Impugned was passed on the basis of evidence of witnesses who were officials---Sufficient evidence was available to prove that appellant was involved in a business which was causing air pollution---Appellant who had violated S. 11 of Pakistan Environmental Protection Act, 1997 was rightly dealt with by the Environmental Tribunal---Present appeal had been filed after a period of more than seven months which was barred by limitation---No application for condonation of delay had been filed along with the appeal showing sufficient cause for delay in filing the same---No illegality or perversity had been pointed out in the impugned passed by the Environmental Tribunal---Appeal was dismissed in circumstances. Messrs Aziz Flour Mills and 2 others v. The Industrial Development Bank of Pakistan 1990 CLC 1473 and The State v. Asif Adil and others 1997 SCMR 209 ref. Attique Rehman v. Environmental Tribunal 2009 CLD 1048 and Packages Limited v. DG, EPA 2008 CLD 1160 rel. (b) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 23--- Appeal against order of Environmental Tribunal---Limitation---Time for filing appeal against the final order of Environmental Tribunal was thirty days. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE:---.--- C.M. No. 02/2016 Through the instant application the Applicant seeks restoration of C.M. No. 1/2014 filed for restoration of the main appeal which was dismissed due to non-prosecution vide order dated 12.09.2013 which is supported by an affidavit. The instant application is allowed for the reasons mentioned therein and the C.M. No. 1/2014 is restored and allowed; resultantly the main appeal is restored to its…

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