Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 12, 16, 21 & 22---Premises wherein Diesel Generator was causing severe vibration and noise pollution in residential area was sealed---Application for de-sealing of premises---Environmental protection order was issued to the applicant directing to stop within 10 days operation of said Diesel Generator being operated within the premises without obtaining environmental approval---Environmental Protection Agency during pendency of application filed by the applicant against environmental protection order, sealed the premises (Tower)---Application for de-sealing of premises was filed much after expiry of limitation period of filing of appeal---Record had revealed that premises in question was situated in the children park of residential area---Such aspect of the matter could not be decided without hearing the final arguments in detail---Prima facie de-sealing of the premises, could cause adverse environmental effect and irreparable loss to public at large in the children park and adjacent area---Balance of convenience, in circumstances, lay in favour of public at large and not in favour of applicant---By sealing the premises, the department had rightly acted upon its own direction embodied in environmental protection order as no status quo was granted by the Tribunal to suspend the operation of impugned order---No provision existed in Pakistan Environmental Protection Act, 1997 to de-seal the unit prior to final decision---Department had rightly sealed the premises and its de-sealing was not permissible---Matter regarding de-sealing had to be decided at the final hearing of appeal. ORDER Leaned counsel for the appellant has moved an application for de-sealing of BTS Tower situated/located at Children Park, Sangla Hill Dist. Nankana Sahib on the ground that even the limitation period of filing the appeal had not expired when the department without any notice sealed BTS Tower of the appellant. We have gone through the Environmental Protection Order dated 24-12-2010 wherein the appellant was directed to stop operation of diesel generator being operated without obtaining the Environmental Approval causing…

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