Law: Pakistan Environment Protection Act, 1997

Section: 16

Pakistan Environmental Protection Act (XXXIV of 1997)--S. 16---Environmental Tribunals (Procedure and Functions) Rules, 2008, R.9(c)---Change of management of mills---Complaint against new management---New management had taken over the charge of mills in question from the Receiver---Samples were taken and examined much prior to taking over the charge of mills by new management---Such change of management of mills being not in the knowledge of the complainant, no fresh notice of personal hearing under S.16(1) of Pakistan Environmental Protection Act, 1997 had been served on the new management---Samples of material in question were collected about nine months prior to taking over the mills by new management and at that time personal hearing was given to the then management---Later on, samples were again collected two years after change of management, but neither said samples were delivered to the new management nor copy of the laboratory report was delivered to them; and complaint had been filed without providing the opportunity of hearing to new management---Such conduct of the authorities reflected their negligent, careless and non-serious attitude in performance of their official duties---Present complaint, was also silent as to whether new management was complying with the smart program or not---When the results of the laboratory were again found in excess of National Environment Quality Standard, it became incumbent upon the authorities to monitor the mills---Application under R.9(c) of the Environmental Tribunals (Procedure and Functions) Rules, 2008 filed for withdrawal of complaint, was allowed, with permission to file fresh one if so required. ORDER By this order, we intend to dispose of application in hand under Rule 9(c) of the Environmental Tribunals (Procedure and Functions) Rules, 2008 moved by the Director-General, E.P.A. Sindh, seeking withdrawal of above complaint. The instant application is moved on the ground that the present management on 1-11-2008 had taken over the charge of Ansari Sugar Mills Limited from the receiver, duly appointed by the Lahore High Court in 1998. The samples were taken and examined under the provisions of the Pakistan…

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