Law: Punjab Environmental Protection Act, (XXXIV of 1997)

Section: 21,21(3)(b),22,22(1)

Law: Limitation Act, 1908

Section: 5,29(2)

Punjab Environmental Protection Act (XXXIV of 1997)--- ----Ss. 21 & 22 [as amended by Punjab Environmental Protection (Amendment) Act (XXXV of 2012)]---Appeal---Maintainability---Public hearing, non-participation in--- Appellant assailed Environment Protection Order issued in favour of a Sugar Mill for installation of distillery unit---Validity---Appellant was not in communication of order in question rather he was not even addressee of the order directly or indirectly--- Appellant was supposed to be party only at such time when public hearing was conducted but he did not show his concern and had lost opportunity of being party to proceedings or order in question---Alternate remedy under S. 21(3)(b) of Punjab Environmental Protection Act, 1997 was also available to appellant when violation of some environmental laws were causing adverse environmental effects due to operation of unit in area and he could file private complaint---Environmental Protection Tribunal declined to interfere as appeal was not maintainable---Appeal was dismissed in circumstances. Faisal Iqbal v. Environmental Protection Authority through Director General EPA and others 2019 CLD 208 rel. THIS JUDGMENT DELIVERED BY: SHAZIB SAEED, CHAIRPERSON, JUSTICE---.--- This appeal is preferred against decision dated 02.11.2017 for granting of Environmental Approval by Director General EPA to respondent No. 2 for installation of distillery unit by Messrs Ramzan Sugar Mills situated at 26-km Jhang Road Chiniot. Learned counsel submits that appellant is presently residing at Khan Da Kot, post office Thatha Fateh Ali Tehsil Bhawana District Chiniot for last 60 years and inhabitants of area are living miserable life due to operational activities of Ramzan Sugar Mills. The sugar mills dispose off its wastewater in open land due to which ground water is highly polluted. Appellant and other residents raised voice against the unit before EPA but nothing was done. It is further argued that EPA passed EPO dated 03.09.2018 but the directions of EPO were never complied with and now respondent No. 2 is installing distillery plant which will produce 33000 tons of super fine/fuel ethanol (C2H5OH) using molasses…

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