Law: Pakistan Environment Protection Act, 1997

Section: 11,16,21,22

Pakistan Environmental Protection Act (XXXIV of 1997)---Ss. 11, 16, 21 & 22---Prohibition of certain discharges or emissions---Violation of environmental protection order---Complaint alleged that respondent unit was creating environmental pollution by generating dust and smoke in the atmosphere---Site inspection conducted by the Inspector confirmed the environmental pollution emitting through respondent unit---Smoke was due to burning of deposition residual material---No device had been installed by the unit to control the air pollution---Environmental protection order was issued directing the unit to adopt remedial means---Respondent appeared through counsel and stated that unit was closed and not operational---Site inspection was directed to be conducted to verify the statement of counsel for the respondent---Inspection report revealed that unit was not in operation as its main gate was closed, and that owner/unit was bank and WAPDA defaulter---Unit though was closed, but offence complained, had already been committed by it in the past, which could not be ignored by mere closure of the unit---Respondent having already committed offence under S.11 of Pakistan Environmental Protection Act, 1997, it must be summoned according to law by issuing him bailable/non-bailable warrant of arrest--- Order accordingly. ORDER On 15-6-2010 learned counsel for the respondent filed written statement on his behalf wherein it was stated that Unit No. 1 of the respondent is lying closed for the last four years and Unit No. 2 since 17-3-2010. In support of the said averment he attached Certificate of Messrs Walid Junaid Industries issued by its Managing Partner that their factory at 16 km Lahore Sheikhupura Road is not in operation since 17-3-2010. Learned DDPP was directed to get the site in question inspected for verifying the written statement and file report on 19-7-2010. On that date learned DDPP prayed for more time to file the requisite report. The complaint was then adjourned for this purpose to 23-9-2010, 28-10-2010, 23-11-2010 and 8-12-2010 when the complainant department was directed to get the site inspected for verifying whether the respondent units are closed…

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