Law: Pakistan Environmental Protection Act, 1997

Section: 12,17

(a) Interpretation of statutes--- ----Mandatory provision---Scope---Whenever intent of a statute is mandatory, it is clothed with a negative command. Atta Muhammad Qureshi v. Settlement Commissioner PLD 1971 SC 61; Chaudhry Shujat Hussain v. The State 1995 SCMR 1249; Saadat Khiyali v. City Coordination Officer PLD 2005 Lah. 190 and National Institutional Facilitation Technologies (Pvt.) Limited v. Federal Board of Revenue and others PLD 2020 Isl. 378 rel. (b) Public functionary--- ----Public functionary, obligations of---Compliance of directions---Principle---Politicians are not expected to be well-versed with niceties of law---Corresponding obligation is placed on civil servants/public functionaries to make requirements of law well known to politicians, more so when compliance with a direction issued by a Prime Minister would entail violation of the law. (c) Pakistan Environmental Protection Act (XXXIV of 1997)--- ----Ss. 12 & 17(6)---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), Arts. 2(2) & 9---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Abdication of powers---Maladministration---Inquiry, initiation of---Proceedings against delinquent officials---No penalty was imposed by authorities under Pakistan Environmental Protection Act, 1997, against officials of Capital Development Authority who commenced the project prior to approval of Environment Impact Assessment---Effect---Abdication of powers by Pakistan Environmental Protection Agency by not submitting any complaint against delinquent officials of CDA and/or the contractor to Environment Tribunal could not operate as a fetter on the Constitutional jurisdiction of High Court in taking notice of such contravention--- Maladministration, under Art. 2(2) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, included a decision, process, recommendation, act of omission or commission which was contrary to law, rules or regulations or was a departure from established practice or procedure, unless it was bona fide---Continuation of construction activity by CDA and/or the contractor without having obtained an approval…

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