| Case ID |
0f8fdfe0-8967-445c-83a5-328dd4fb8d90 |
| Body |
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| Case Number |
W.P. No. 1193 of 2017 |
| Decision Date |
Feb 01, 2017 |
| Hearing Date |
Feb 01, 2017 |
| Decision |
The Lahore High Court dismissed the petition challenging the sealing order of the petitioner's unit due to non-compliance with an Environmental Protection Order (EPO). The court held that the Environmental Protection Agency (EPA) had the authority to seal the unit under Section 16 of the Punjab Environmental Protection Act, 1997, as the petitioner failed to comply with the EPO issued for exceeding noise pollution limits. The court emphasized the need for immediate action to protect public health and the environment, affirming that procedural due process was adequately followed despite the petitioner's claims. The court ruled that the EPA's actions were lawful and necessary to prevent irreversible environmental harm. |
| Summary |
This case revolves around the enforcement of environmental laws under the Punjab Environmental Protection Act, 1997. The Lahore High Court addressed a petition challenging the sealing of a business unit for non-compliance with an Environmental Protection Order (EPO). The petitioner, running Ali Steel Works, faced allegations of causing air and noise pollution, leading to the issuance of an EPO by the EPA. The court ruled that the EPA had the authority to seal the unit to prevent further environmental harm, emphasizing that public safety and health take precedence in such matters. The case highlights the significance of the precautionary principle in environmental law, as well as the balance between individual rights and collective environmental responsibilities. The decision reinforces the role of regulatory agencies in enforcing compliance with environmental standards and protecting public welfare. Keywords: Environmental Law, Punjab Environmental Protection Act, EPO, Public Health, Environmental Justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Environmental Protection Agency, Punjab,
Ali Steel Works,
District Officer (Environment), Gujranwala
|
| Judges |
AYESHA A. MALIK
|
| Lawyers |
Sharjeel Haider,
Muhammad Yasin Hatif,
Mrs. Samia Khalid,
Asghar Ali Tahir,
Mian Ijaz Ahmad
|
| Petitioners |
MUHAMMAD AYAZ
|
| Respondents |
GOVERNMENT OF PUNJAB THROUGH CHIEF SECRETARY AND OTHERS
|
| Citations |
2017 SLD 1741 = 2017 CLD 772
|
| Other Citations |
2016 CLC 1095,
M.C. Mehta v. Union of India Court 1997 (2) SCC 353,
AIR 1997 SC 734,
Ms. Shehla Zia and others v. WAPDA PLD 1994 SC 693,
Adeel-ur-Rehman v. Federation of Pakistan 2005 PTD 172,
Ali Steel Industry v. Government of Khyber Pakhtunkhwa and another 2016 CLD 569
|
| Laws Involved |
Punjab Environmental Protection Act, (XXXIV of 1997),
Constitution of Pakistan, 1973
|
| Sections |
16,
16(3),
17,
21,
22,
23,
10-A,
199
|