| Citation(s) |
|---|
| 2023 SLG 2510 2023 SLD 2510 2023 PLJ 381 |
Supreme Court of Pakistan
C.P. No. 55 of 2020, decided on 2.2.2023. (Against order dated 18.11.2019, passed by the Lahore High Court, Lahore, in W.P. No. 56780 of 2019) Date of hearing: 2.2.2023.
Present: SYED MANSOOR ALI SHAH AND MRS. AYESHA A. MALIK, JJ.
Mr. Rafey Alam, ASC and Ch. Akhtar Ali, AOR for Petitioner. Mr. Qasim Ali Chohan, Addl. A.G., Mr. Ashfaq Ahmed Kharal, Addl. A.G., Noman Sarfraz, Deputy Director (Mines and Minerals) Nawaz Majid, Deputy Director (L) Environment for
Respondents.
C.P. No. 55 of 2020, decided on 2.2.2023. (Against order dated 18.11.2019, passed by the Lahore High Court, Lahore, in W.P. No. 56780 of 2019) Date of hearing: 2.2.2023.
Present: SYED MANSOOR ALI SHAH AND MRS. AYESHA A. MALIK, JJ.
Mr. Rafey Alam, ASC and Ch. Akhtar Ali, AOR for Petitioner. Mr. Qasim Ali Chohan, Addl. A.G., Mr. Ashfaq Ahmed Kharal, Addl. A.G., Noman Sarfraz, Deputy Director (Mines and Minerals) Nawaz Majid, Deputy Director (L) Environment for
Respondents.
PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN Registered under the Societies Act, 1860 through Authorized Person--Petitioner
VERSUS
PROVINCE OF PUNJAB through CHIEF SECRETARY, CIVIL SECRETARIAT, LOWER MALL, LAHORE and others--Respondents
Law:
Section:
Environmental Protection Act, 1997 (XXXIV of 1997)-- ----Ss. 12 & 33--Grant of small scale mining licences--Lack of environmental approvals--Requirement of IEE or EIA--Fundamental and basic step--Climate change--Bidding process--Petitioner, in public interest, challenged lack of environmental approvals for grant of small-scale mining licences or leases--A ll projects need environmental approval from Environmental Protection Agency (EPA)--The Regulations clearly specify requirement of an IEE or EIA, which is a fundamental and basic step before a project starts, so as to ensure that an adverse effect on environment has been considered and addressed--Climate change is one of biggest global threats and combination of surface mining and climate change becomes a serious threat for ecological system--Hence, mining sector must adopt climate proof mining policy which must consider how climate change will impact mining areas so that climate change risks are integrated into environment assessment--Without an IEE or EIA, these matters are totally neglected--There is no timeline provided within which these approvals are to be obtained nor does it specify any process to bind successful bidder of project to terms of any EMP or other measures provided for in IEE or EIA--It would be useful for MMD to provide guidelines and SOPs to facilitate this process and also provide penalizing provisions within license or lease for any violation of EMP so as to ensure compliance--Mining continues to provide for economy while also protecting health of our planet and its inhabitants--Economic growth is important but it must be achieved in a way that is sustainable and respectful of natural systems that support it--Petition disposed of. JUDGMENT Mrs. Ayesha A. Malik, J.--This Petition impugns order dated 18.11.2019, passed by the Lahore High Court, Lahore (High Court) wherein the Petitioner, in public interest, challenged the lack of environmental approvals for grant of small-scale mining licences or leases. The issue raised is the grant of small-scale license or lease for mining minor minerals like sand, gravel and sandstone which are issued without considering the impact on the…
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