| Citation(s) |
|---|
| 2009 SLG 181 2009 SLD 181 2009 CLD 682 |
Sindh High Court
C.Ps. Nos.D-756 and D-2168 of 2008, decision dated: 27-02-2009
AZIZULLAH M. MEMON, JUSTICE ABDUR REHMAN FAROOQ PIRZADA, JUSTICE
Omer Soomro along with Muhammad Adnan for Petitioners (in C.P. No. D-756 of 2008) Chaudhry Abdul Rasheed along with Arshad Lodhi for Petitioners (in C.P. No. D-2168 of 2008) Ashraf Ali Butt for
Respondent No. 4 (in C.P. No. D-756 of 2008) and
Respondent
C.Ps. Nos.D-756 and D-2168 of 2008, decision dated: 27-02-2009
AZIZULLAH M. MEMON, JUSTICE ABDUR REHMAN FAROOQ PIRZADA, JUSTICE
Omer Soomro along with Muhammad Adnan for Petitioners (in C.P. No. D-756 of 2008) Chaudhry Abdul Rasheed along with Arshad Lodhi for Petitioners (in C.P. No. D-2168 of 2008) Ashraf Ali Butt for
Respondent No. 4 (in C.P. No. D-756 of 2008) and
Respondent
MS. SALMA IQBAL CHUNDRIGAR AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF ENVIRONMENTAL PROTECTION, ISLAMABAD AND OTHERS
Law: Pakistan Environment Protection Act, 1997
Section: 12,12(1)
Law: Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000
Section: 3,4,5
(a) Pakistan Environmental Protection Act (XXXIV of 1997)--S. 12(1)---Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000, Arts. 3, 4 & 5---Construction of flyover on an existing road---Nature---"Reconstruction" distinguishable from "construction"---Where the project is likely to cause an adverse environmental effect, then the EIA (Environmental Impact Assessment) has to be submitted by the proponent of a project and approval in respect thereof has to be obtained from the Government Agency, prior to the commencement of construction/operation of such project---Relevant provisions providing guidelines to determine as to which of the projects would require and IEE (Initial Environmental Examination) and EIA (Environmental Impact Assessment) are provided in Arts. 3, 4 & 5 of the Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000---Proponent of the project not falling in any of the categories listed in Schedules I & II of the said Regulations, it shall not he required to file an IEE or EIA---Serial No.D-2 of Schedule II of the Regulations is relevant for the purpose of determining if the proposed project would require the submission of EIA, as the same includes major roads (except maintenance, rebuilding or reconstruction of existing roads) with total cost of Rs.50 million and above---Construction of flyover however, does not jail within the category of "reconstruction" of existing road and as such is not covered by the exception clause--`Reconstruction"---Connotation---Reconstruction is distinct and distinguishable .from construction---In the present case, looking at the nature and dimensions of flyover project, the same is altogether "construction" of a new road, and does have nothing to do with the construction, maintenance or rebuilding of an existing road---Project of flyover hence, falls within the ambit of Schedule II of the Regulations which would necessitate the submission of Environmental Impact Assessment (EIA). Black's Law Dictionary, Seventh Edition and Sumaira Awan, Secretary General v. Government of Pakistan and 10 others 2008 CLD 1185 ref. (b) Words and phrases---…
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