Case Details

Citation(s)
2011 SLG 159 2011 SLD 159 2011 CLD 1373
Appellate Tribunal Inland Revenue
Complaint No. 20 of 2009, decision dated: 13-06-2011
KHAWAJA MUHAMMAD AFZAL (CHAIRPERSON) CH. MUHAMMAD KHALIL (MEMBER TECHNICAL)

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DG EPA

VS

SHAHEEN FOUNDRY, OKARA

Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 12, 16, 17 & 21---Complaint against high level of noise and fumes of organic solvents caused by company/unit---Order directing company to control environmental problems--- Appeal--- Company, in the environmental protection order was directed to take necessary measures for the control of environmental protection and was directed to adopt remedial measures to control high level of noise and fumes of organic solvents---Company stated that it was doing its business within four walls of its workshop and no noise or any kind of fumes travelled beyond its boundary wall---Only ground for proceeding against the unit/company was that it was causing noise pollution which was a source of discomfort---Test analysis of noise and fumes of organic solvents conducted by Laboratory and Chief Analyst, was to the effect; that high noise was produced during operation of the unit which was a source of discomfort; and no fumes of organic solvents were observed---Levels of noise and fumes, were to be taken as within NEQS limits for the unit was located in a commercial area---No case of causing pollution had been made out against the unit/company---Complainant having failed to prove its case against the company, complaint was dismissed, in circumstances. ORDER In this case EPO was issued to Messrs Shaheen Foundry on 13-5-2008 directing the management to take following necessary measures for the control of environmental problem: "Adopt remedial measures to control high level of noise and fumes of organic solvents to the satisfaction of this Agency, otherwise stop the operation of pollution causing activities at the present site." 2. After expiry of mitigation period Mr. Naeem Iqbal Inspector Environment, Okara was directed by the Agency to visit the site and furnish compliance status report of the unit. Accordingly a survey in this context was conducted on 3-7-2008 by him along with Mr. Ajmal, Field Assistant. 3. During survey it was observed that unit is not a foundry but it is an engineering based unit. The owner of the unit was contacted to ascertain his views about issues regarding remedial measures. In response he…
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