| Citation(s) |
|---|
| 2022 SLG 2414 2022 SLD 2414 2022 CLD 1430 |
Writ Petition No. 2656 of 2021, heard on 26th January, 2022.
, JAWAD HASSAN, J
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ASAD MAHMOOD and 4 others
VS
GOVERNMENT OF PUNJAB through Chief Secretary Punjab, Lahore and 20 others
Law: Pakistan Environmental Protection Act, 1997
Section: 12
Law: Constitution of Pakistan, 1973
Section: 199
(a) Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000--- ----Sched. II--- Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---Stone crushing unit---Scope---Any natural or legal person who proposes or intends to undertake a project, including stone-crushing, is required to obtain IEE approval---Such approval is a preliminary environmental review of reasonably foreseeable qualitative and quantitative impacts on environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment---If such project is likely to cause adverse environmental effect, which includes pollution as well as impairment of or damage to environment, human health, safety, biodiversity or property, or falls under Sched. II of Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, such person is required to obtain EIA approval, which is environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of recommendations and such other components as may be prescribed---Businesses of crushing limestone or allied projects have to obtain such approvals in accordance with so listed requirements of law. (b) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----S. 12--- Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Sched. II---Punjab Mining Concession Rules, 2002, Rr. 234, 235---Constitution of Pakistan, Art. 199---Constitutional petition---Locus standi---Efficacious and alternate remedy---Petitioners assailed stone crushing units established by respondents on the plea of absence of proper approval by relevant authorities---Validity---Petitioners invoked Constitutional jurisdiction of High Court under…
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