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

Section: 2,16,22

Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 2, 16 & 22---Solid waste, disposal of---Residential areas---Maxim: audi alteram partem---Applicability---Complaint was filed against appellant/Cantonment Board on allegation that Board was dumping solid waste close to residential areas causing adverse environmental effects---Environmental Protection Agency passed order against the Board---Validity---Appellant Board was condemned unheard as Environmental Protection Agency did not act properly and with due diligence as they could have easily hear appellant but appellant was not served at all---Principle of audi alteram partem meant 'hear the other side' and same was fundamental principle of justice---No one ought to be judged without giving opportunity to be heard---Order in question was passed after date of request of appellant for adjournment---Environment Protection Agency could have heard appellant easily in such a situation---Punjab Environmental Tribunal set aside order and remanded matter to Environmental Protection Agency for decision afresh after hearing the appellant---Appeal was allowed accordingly. The University of Dacca and others v. Zakir Ahmed PLD 1965 SC 90; PLD 2014 SC 585 and 2004 MLD 1377 ref. 2014 CLC 1259; 1993 SCMR 122 and 1986 SCMR 962 rel. THIS JUDGMENT DELIVERED BY: SHAZIB SAEED, CHAIRPERSON---.--- Through this appeal the appellant assailed the EPO dated 18.05.2017 passed by Deputy Director (R&I). Brief facts of the case are that EPA received a complaint filed by Mr. Syed Baseer Zafar and other residents of Kharota Syedan Sialkot against improper dumping of solid waste by Cantonment Board Sialkot near Kharota Syedan Sialkot. This complaint was against the Chief Executive Officer (CEO) Cantonment Board Sialkot to initiate action under section 16 of PEPA 1997 (as amended in 2012) with the allegation that Cantonment Board Sialkot is dumping solid waste adjacent to residential areas causing adverse environment effect as defined in section 2 of the Act. Site was visited on 23.01.2016 and in the SIR dated 26.01.2016 it was observed that locality is residential in nature and the dumping site is adjacent to the residences.…

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