Law: Pakistan Environment Protection Act, 1997

Section: 22

Law: Limitation Act, 1908

Section: 5,29(2)

Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 22---Limitation Act (IX of 1908), Ss. 5 & 29(2)---Appeal to Environmental Tribunal---Delay, condonation of---Appeal under S.22 of the Pakistan Environmental Protection Act, 1997 was to be filed within 30 days, was filed after more than two months from passing of impugned order along with application for condonation of delay under S.5 of Limitation Act, 1908---Validity---When the relevant law (S. 29(2) of the Act) itself had prescribed period of limitation the benefit of S.5 of the Limitation Act, 1908 was expressly excluded---Benefit of S. 5 of the Limitation Act, 1908, was not available in the present case---Application under S. 5 of the Limitation Act, 1908, was dismissed being not maintainable and appeal was dismissed being barred by time. Allah Dino and another v. Muhammad Shah and others 2001 SCMR 286; Haji Ahmad v. Noor Muhammad 2004 SCMR 1630; City District Government v. Muhammad Saeed Amin 2006 SCMR 676; Abdul Rasheed and another v. Bank of Punjab through Branch Manager 2004 CLD 800; Protein and Fats International (Pvt.) Limited through Chief Executive and 2 others v. Capital Assets Leasing Corporation Limited through Manager 2005 CLD 857; Sikandar Hayat v. Agricultural Development Bank of Pakistan through Manager 2005 CLD 870; Industrial Development Bank of Pakistan v. Rehmania Textile Mills (Pvt.) Limited through Chief Executive and 3 others 2006 CLD 81; Messrs S. Malik Traders and another v. Saudi Pak Leasing Company Ltd. 2009 CLD 171 and 2014 CLC 445 ref. THIS JUDGMENT DELIVERED BY: SHAZIB SAEED, CHAIRPERSON---.--- This appeal is preferred against the order dated 15.05.2017 passed by the EPA in favour of respondent No. 6 granting environmental approval for project (construction of Mian Factory Chak No. 54/2-L, 27-Wala Road District Okara). 2. The appeal was filed on 20.07.2017. Along with this appeal an application under section 5 of Limitation Act for condonation of delay has been filed. In para 2 of the application it is mentioned that appellant came to know the impugned order on 10.06.2017 through respondent No. 6. During hearing of arguments on 05.04.2018 learned counsel for the…

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