Law: Punjab Environmental Protection Act, 1997

Section: 23

Punjab Environmental Protection Act (XXXIV of 1997)--- ----S. 23--- Appeals from order of the Environmental Tribunal---Scope established a chemical plant in an agricultural area to produce sulphuric acid with the approval of the Environmental Protection Agency (EPA) for construction as well as operation of the plant---EPA, later on, carried out a site inspection and found that the plant was violating the terms of its approval, hence issued a show cause notice after which it cancelled its approval---Orders were challenged before the Punjab Environmental Tribunal whereby the Tribunal set aside the show cause notice as well as the cancellation order---Held; approvals granted by the EPA had expired, both the appeals had become infructuous---Separate Constitutional petitions filed by residents of the area were disposed of by the High Court with the observation that the EPA would take up the prayer in the Constitutional petition if and when the process for issuance of permission to commence the operations of the plant started---EPA was also directed by the High Court to set proper standards for sulphuric acid plants and acid mist gases emitted to ensure that international standards were followed to protect the environment---Appeals and Constitutional petition were disposed of accordingly. ORDER This order decides upon the issues raised in the instant Environmental Appeal No. 1441/2014 filed by Sajjad Ahmad Khan etc. along with connected Environmental Appeal No.1436/2014 filed by the Government of Punjab through Director General, Environment Protection Agency, Lahore (EPA). Both the appeals impugn order dated 6.5.2014 passed by the Punjab Environmental Tribunal (Tribunal) wherein show cause notice dated 18.6.2012 and cancellation of environmental approval order dated 5.7.2013 against Respondent No.1 was set aside. Along with these appeals, W.P. No. 1998/2015 filed by the Appellants seeking a direction to the Respondents to act strictly in accordance with law has also been heard. 2. The basic facts are that Respondent No.1 established a chemical plant in an agricultural area at Pir Tannu, 38 KM Multan Bahwalpur Road, Multan to produce Sulphuric Acid (Plant). The EPA…

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