Law: Sindh Environmental Protection Act, (VIII of 2014)

Section: 7(g),11,17,17(1),19,20,21,21(1)(2),22,26 (3),26(3)(a)

Law: Criminal Procedure Code (V of 1898)

Section: 265C,265-K

Sindh Environmental Protection Act (VIII of 2014)--- ----Ss. 11, 17, 21, 22 & 26(3)---Criminal Procedure Code (V of 1898), S. 265-K---Construction of industrial unit--- Failure to show IEE/EIA approval---Company was tenant of premises wherein an industrial project was being constructed---Complaint was filed by authorities on grounds that gatekeeper did not show them IEE/EIA approval nor let them inspect the project---Validity---Such was mockery of law as neither gatekeeper was owner of premises nor he was representative/ authorized agent of owner---Gatekeeper was simply a low-paid employee meant for menial work and was usually an illiterate person without any authority or supervisory capacity---Tenant of premises was dragged into unnecessary litigation on such flimsy ground---Investigating Officer of case did not make any serious effort to collect tangible evidence which could connect company with violation of Ss. 11, 17(1), 20 & 22 of Sindh Environmental Protection Act, 2014---Company/accused of violation of law was acquitted of charge under S. 265-K, Cr.P.C.--- Complaint was dismissed in circumstances. THIS ORDER PASSED BY: JUSTICE (R) SADIQ HUSSAIN BHATTI, CHAIRMAN.--- By this Order, we intend to dispose of the above Complaint, filed by Sindh Environmental Protection Agency through its authorized officer and Complainant Aamir Sheikh, under section 26(3)(a) of the Sindh Environmental Protection Act, 2014 against the Respondents. 2. The brief facts relevant for the purpose of disposing of instant Complaint are that the Director General, Sindh Environmental Protection Agency ("the Agency") constituted a team, comprising of Mr. Aamir Sheikh, Environmental Inspector, SEPA and Mr. Muhammad Amir, Field Assistant, and authorized it to conduct routine monitoring. On 01.08.2017, the said team visited the Unit of Respondent No.1 and during inspection observed that Messrs Silver Textile had allegedly initiated its construction project without complying with the codal formalities prescribed by Sindh Environmental Protection Act, 2014 and without seeking approval of IEE/EIA from the Agency which is violation of section 17(1) of the Sindh Environmental Protection…

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