Law: Sindh Environmental Protection Act, (VIII of 2014)

Section: 17,21,22,1

(a) Sindh Environmental Protection Act (VIII of 2014)--- ----Ss. 17, 21, 22---Initial environmental examination and environmental impact assessment---Environmental Protection Order---Closure of factory---Scope---Appellant assailed order passed by Director General, Sindh Environmental Protection Agency whereby he had ordered the appellant to forthwith close its business activities of Control Shed Poultry Farm---Validity---Order passed by respondent was beyond the scope of S. 21(2)(a) of the Sindh Environmental Protection Act, 2014---Such order of closure of the unit could only be passed by Environmental Protection Tribunal under S. 22(5)(b) after due trial of the case and on conviction of the accused with punishment on commission of the offence---Appellant, during the course of arguments, had showed his readiness to apply for environmental approval by submitting Environmental Management Plan to the department for due compliance but for this purpose it sought time of 90 days---Impugned order was set aside and the appellant was directed to file Environmental Audit report and Environmental Management Plant before the department within 90 days---Appeal was disposed of accordingly. Pakistan Mobile Communication v. Abrar Ahmed and 4 others 2019 CLD 578 ref. (b) Sindh Environmental Protection Act (VIII of 2014)--- ----S. 1---Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014, Regln. 1---Commencement---Retrospective effect---Scope---Sindh Environmental Protection Act, 2014 and Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014 cannot have retrospective effect. Pakistan Mobile Communication v. Abrar Ahmed and 4 others 2019 CLD 578 ref. Meraj ud Din for Appellant. Khalid Munir Shah, Deputy Director Law for SEPA/ Respondent No. 1. Imran Ali Abbasi, Deputy Director Technical. Regional Office, Hyderabad/Respondent No. 2. hearing date: 6th July, 2021. JUDGMENT NISAR MUHAMMAD SHAIKH, CHAIRMAN.---This appeal has been filed by Appellant-Company under section 27 of Sindh Environmental Protection Act, 2014…

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