| Citation(s) |
|---|
| 2024 SLG 294 2024 SLD 294 2024 CLD 350 |
Sindh High Court
Appeal No. 2 of 2021, decision dated: 14th November, 2023.
Before Justice (R) Nisar Muhammad Shaikh, Chairman, Muhammad Arif Khan, Member (Legal) and Abdul Rauf Memon, Member (Technical)
Zubair Ahmed for Appellant. Hamza Hussain Hidayatullah for
Respondent No. 2. Habib-ur-Rehman Solangi, Deputy Director Law for
Respondent No. 1.
Appeal No. 2 of 2021, decision dated: 14th November, 2023.
Before Justice (R) Nisar Muhammad Shaikh, Chairman, Muhammad Arif Khan, Member (Legal) and Abdul Rauf Memon, Member (Technical)
Zubair Ahmed for Appellant. Hamza Hussain Hidayatullah for
Respondent No. 2. Habib-ur-Rehman Solangi, Deputy Director Law for
Respondent No. 1.
CITIZENS FOR ENVIRONMENT through General Secretary---Appellant
VS
DIRECTOR GENERAL, SINDH ENVIRONMENTAL PROTECTION AGENCY and 2 others---Respondents
Law: Sindh Environmental Protection Act, (VIII of 2014)
Section: 27
Sindh Environmental Protection Act (VIII of 2014)--- ----S. 27---Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014, Regln. 9(2)(c)---Sindh Cultural Heritage (Preservation) Act (XII of 1994), S. 10(1)---Environment Impact Assessment (EIA) Report---Cultural heritage buildings---Protection---Appellant organization assailed Environment Impact Assessment Report issued in favour respondent with regard to construction of multistoried building consisting of six basements---Validity---Culture, Tourism and Antiquities Department was one of the relevant departments whose no objection certificate/clearance or otherwise was required in terms of Regln. 9(2)(c) of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2014, so as to be made part of EIA report, falling within the scope of Sindh Environmental Protection Act, 2014 and Regulations framed thereunder---Certain constructions of buildings etc. were allowed under Sindh Environmental Protection Act, 2014, and some constructions were prohibited under certain terms and conditions, which could not be gone through, when such objections raised by appellant in its comments filed on EIA report were not considered by Sindh Environmental Protection Agency while passing/issuing order in question---Construction of project building had not yet commenced and applicability of various provisions of law and validity of relevant notifications could be considered together with environmental issues, if any, after due compliance of relevant provisions of law by authorities---Sindh Environment Tribunal remanded the matter to Sindh Environmental Protection Agency for issuance of EIA Report afresh, after getting no objection certificate/approval/clearance from Culture, Tourism and Antiquities Department--- Appeal was allowed accordingly. 2009 SCMR 1435; 1975 SCMR 157; 2011 SCMR 8; 2018 SCMR 1885; 2019 SCMR 859; 2017 SCMR 831; 2008 SCMR 1148; PLD 2004 SC 261; PLD 2016 Sindh 31 and PLD 2020 Sindh 85 rel. ORDER NISAR MUHAMMAD SHAIKH, CHAIRMAN.---The Citizens for Environment, a…
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