Law:

Section:

Pakistan Environmental Protection Act (XXXIV of 1997)--Ss. 11, 16 & 17--- Environmental Samples Rules, 2001---Release of untreated effluent---Main allegation was that the wastewater samples collected from the mill, were found beyond the limits of National Environmental Quality Standards---Environmental Protection Agency, initiated proceedings against the mill for violation of S.11 of the Pakistan Environmental Protection Act, 1997---Case of prosecution was that date of collection of wastewater sample was 9-2-2010, but the test report bore the date of receiving of samples as 15-2-2010 and customer reference number contradicted the number mentioned on Forms B & C---Said material contradictions had made the whole case of prosecution as doubtful one---No details of procedure adopted by mill was disclosed in respect of manufacturing process, use of water and its alleged polluted discharge in the environment causing damage to the underground water quality---Prosecution had not brought anything in respect of service of notice on the mill---If representative of mill had failed to appear on the relevant date, another opportunity of hearing should have been afforded instead of issuance of Environmental Protection Order on the same date---Violation was in the case of mandatory provisions of Environmental Samples Rules, 2001---Issuance of Environmental Protection Order without providing the copy of report and service of notice, appeared to be harsh and against the principles of natural justice---Prosecution had failed to prove the charge against mill beyond shadow of reasonable doubt---Chief Executive Officer of the mill was acquitted, in circumstances. JUDGMENT The present complaint is filed under section 21(3)(a) of the Pakistan Environmental Protection Act, 1997 by the Director-General, Environmental Protection Agency, Sindh against Farooq Gulzar, Chief Executive Officer, Gulzar Oil Industries. 2. The relevant facts as stated in the complaint are that the staff of Environmental Protection Agency, Sindh keeping in view the potential impacts of oil industry on environment due to release of untreated wastewater, inspected the above-named oil industry on 9-2-2010.…

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