| Citation(s) |
|---|
| 2023 SLG 2175 2023 SLD 2175 2023 CLD 1452 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No. 1106 of 2023, heard on 5th June, 2023.Date of hearing: 5th June, 2023.
Before Jawad Hassan, J
Ch. Umar Hayat for Petitioners (in W.P. No. 1148 of 2023). Rizwan Akhtar Awan for Petitioners (in W.P. No. 1680 of 2023). Syed Mudassar Nazir Naqvi, Assistant Advocate-General with Ajab Hussain, Law Officer, Commissioner, Rawalpindi. Muhammad Sajid Khan T
Writ Petition No. 1106 of 2023, heard on 5th June, 2023.Date of hearing: 5th June, 2023.
Before Jawad Hassan, J
Ch. Umar Hayat for Petitioners (in W.P. No. 1148 of 2023). Rizwan Akhtar Awan for Petitioners (in W.P. No. 1680 of 2023). Syed Mudassar Nazir Naqvi, Assistant Advocate-General with Ajab Hussain, Law Officer, Commissioner, Rawalpindi. Muhammad Sajid Khan T
SALEEM AKHTAR KIYANI and others---Petitioner
VERSUS
PROVINCE OF PUNJAB and others---Respondents
Law: Punjab Environmental Protection Act, (XXXIV of 1997)
Section: 12
Law: Constitution of Pakistan, 1973
Section: 199
(a) Punjab Environmental Protection Act (XXXIV of 1997)--- ----S. 12--- Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2022, R. 8---Environmental Impact Assessment, approval of---Scope---Section 12 of the Punjab Environmental Protection Act, 1997, explains that no proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an Initial Environmental Examination or, where the projects is likely to cause an adverse environmental effect, an Environmental Impact Assessment, and approval from Federal Agency has to be obtained. (b) Punjab Environmental Protection Act (XXXIV of 1997)--- ----S. 12--- Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2022, R. 8---Project of creation of a new site by the Capital Devolvement Authority for dumping garbage/solid waste---Environmental Impact Assessment---Scope---Contention of the petitioners was that site in question was a beautiful valley which would become terribly hazardous to the lives of residents---Validity---Record revealed that Capital Development Authority ('CDA'), being the proponent of the project, had filed an Environmental Impact Assessment ('EIA') under S. 12 of the Punjab Environmental Protection Act, 1997 ('the Act 1997') but, due to non-provision of certain documents by the respondent/CDA, the same was not completed by the Environmental Protection Agency ('EPA') under Regln. 8 of the Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2022 ('the Regulations 2022'), and procedure as per S. 12(2), (4) and (7) of the Act 1997 was still incomplete---Hence, Respondent/CDA was bound to fulfill all the mandatory requirements of law and fill up all lacunas on their part so that the EPA should decide the EIA before starting use of land-in-question for the purpose-in-hand---Once the EPA completes the EIA and communicates the same to CDA, the latter would complete the process in order to start work on its project---High Court directed the…
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