| Citation(s) |
|---|
| 2011 SLG 149 2011 SLD 149 2011 CLD 1271 |
Appellate Tribunal Inland Revenue
Appeal No. 1 of 2010, decision dated: 20-01-2011
MRS. ASHRAF, JAHAN (CHAIRPERSON) ABDUL KARIM MEMON (MEMBER LEGAL)
Zulfiqar Norrani for Appellant. Abdul Maroof, DDPP for
Respondent.
Appeal No. 1 of 2010, decision dated: 20-01-2011
MRS. ASHRAF, JAHAN (CHAIRPERSON) ABDUL KARIM MEMON (MEMBER LEGAL)
Zulfiqar Norrani for Appellant. Abdul Maroof, DDPP for
Respondent.
SINDH PARTICLE BOARD MILLS LIMITED THROUGH COMPANY SECRETARY
VS
ENVIRONMENTAL PROTECTION AGENCY THROUGH DIRECTOR-GENERAL
Law:
Section:
Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 12, 16, 21 & 22--Issuance of environmental protection order against environmental pollution---Various complaints were made against mill that it was manufacturing chipboard from Bagasse (solid waste of sugarcane), with a mixture of various chemicals; and during the process of grinding of the chipboard, small/very fine chemically mixed particles were freely released in the open air spread/fly in the area; there was bad smell and health of the workers and their families in the nearby colonies had been affected badly; not only human life was suffering, but the agriculture crop had been affected---Comments of Environmental Protection Agency, which were based on facts and findings, complaints of various persons and mills was survey reports, had established that appellant involved in causing pollution which was injurious to the health of workers as well as residents of adjoining villages and the surrounding areas---Attitude of mill was a classic example of high-handedness which could not be given protection---Letters, visit reports, show-cause notices and even earlier environmental protection order, had not been complied with by the mill---Mill in circumstances, could not take the stand that no personal hearing was given to it for treatment of the environmental issues---Mill having no case on merits, environmental protection order, impugned in the appeal, had rightly been issued which could not be interfered with in appeal. JUDGMENT Present appeal under section 22 of the Pakistan Environmental Protection Act, 1997 has been filed on 14-6-2010 by the Sindh Particle Board Mills Limited, through its Company Secretary, Jehangir Adam against Environmental Protection Agency, Sindh, praying therein that the impugned Environmental Protection Order dated 17-5-2010 may be dismissed. 2. The facts in brief as stated in the appeal are that the appellant mill was incorporated as a Public Limited Company in the year 1979 and is involved in the processing and manufacturing of chipboard, which is produced a lengthy industrial process, which employs amongst other material, bagasse and wood as raw material. Appellant…
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