Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 12, 16, 17 & 21---Unit causing environmental pollution---Complaint against---Complainant had not served mandatory notice of 30 days on Environmental Agency as required by S. 21(3)(b) of Pakistan Environmental Protection Act, 1997---Failure to observe Codal formalities by complainant, complaint was not maintainable. ORDER Upon a complaint filed by Mr. Zia Ullah complainant against the Chief Executive of Messrs Chanab Lubricants situated at Chakri near Wadala Sandhuan, Gujranwala Pasroor Road, Tehsil Daska District Sialkot for causing environmental pollution, a survey was conducted by the District Officer (Environment) Sialkot. On receipt of his Site Inspection Report it was decided by the EPA to initiate proceedings against the respondent unit through its Chief Executive. Accordingly notice for personal hearing was issued to him under section 16 of PEPA, 1997 requiring him to appear before the Director (North/P and C), EPA, Punjab in person or through a counsel or authorized representative on 27-10-2008 and file written reply of the complaint. Instead of waiting for the end result of the Agency's proceedings, the complainant rushed to this Tribunal and filed the present complaint on 13-4-2009. In response to the notice issued to the Chief Executive of the respondent unit he entered appearance on 20-10-2009 along with his counsel and copy of the complaint was delivered to him for filing its reply. On 14-12-2009 learned counsel for respondent No.1 filed reply of the…

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