Case ID |
172d74e1-4309-42b2-94fb-864eb52334c8 |
Body |
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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
|