Legal Case Summary

Case Details
Case ID 172d74e1-4309-42b2-94fb-864eb52334c8
Body View case body.
Case Number Constitutional Petition No. D-4192 of 2014
Decision Date Oct 17, 2014
Hearing Date
Decision The Sindh High Court dismissed the constitutional petition filed by the Pakistan Defence Officers Housing Authority against the Sindh Environmental Protection Agency's approval of an Environmental Impact Assessment (EIA) for a project. The court found that the regulations and laws applicable at the time were adhered to, and the EIA process involved sufficient public participation. The court emphasized that despite the objections raised regarding potential environmental impact and traffic congestion, the project was not found to violate any legal provisions. The petitioners' claims regarding the inadequacy of the EIA and the necessity for a Strategic Environmental Assessment (SEA) were also dismissed, as the court concluded that the law did not impose such a requirement for the specific project in question. The approval of the EIA included conditions to mitigate environmental hazards, which the court deemed sufficient for the project's continuation.
Summary This case revolves around the constitutional petition filed by the Pakistan Defence Officers Housing Authority challenging the approval of an Environmental Impact Assessment (EIA) by the Sindh Environmental Protection Agency for a significant construction project in Karachi. The High Court examined the legal frameworks of the Sindh Environmental Protection Act and other relevant laws, determining that the EIA process had been properly followed, including public hearings and consideration of stakeholder objections. The court concluded that the project was compliant with environmental regulations and dismissed the petition. Key issues included public participation in the EIA process, the necessity of a Strategic Environmental Assessment, and the implications of traffic congestion due to the construction. Overall, the decision underscores the importance of adhering to environmental laws while balancing development needs.
Court Sindh High Court
Entities Involved KMC, Pakistan Defence Officers Housing Authority, Bahria Town (Pvt.) Limited, Sindh Environmental Protection Agency
Judges SAJJAD ALI SHAH, SHAUKAT ALI MEMON
Lawyers Abid S. Zuberi, Muhammad Haseeb Jamali, Muhammad Imran Sabir, Farooq H. Naek, Khalid Jawed Khan
Petitioners PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY
Respondents 2 others, SINDH ENVIRONMENTAL PROTECTION AGENCY, DIRECTOR GENERAL
Citations 2015 SLD 252, 2015 CLD 772
Other Citations Not available
Laws Involved Sindh Environmental Protection Act, (VIII of 2014), Constitution of Pakistan, 1973, Pakistan Environmental Protection Agency (Review of IEE and IEA) Regulations, 2000
Sections 17, 31, 199, 270-AA(6), 10