| Case ID |
1aafd6e8-e7e8-4978-9bdf-fecd54196b26 |
| Body |
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| Case Number |
Appeal No. 34 of 2017 |
| Decision Date |
Mar 19, 2018 |
| Hearing Date |
|
| Decision |
The appeal was allowed as the Environmental Protection Agency (EPA) failed to provide the appellant, Cantonment Board Sialkot, an opportunity to be heard before passing the Environmental Protection Order (EPO) on 18.05.2017. The principle of 'audi alteram partem' was violated, which is a fundamental principle of justice. The case was remanded to the EPA for a fresh decision after hearing the appellant, ensuring that they are given a fair opportunity to present their case. |
| Summary |
This case revolves around the appeal filed by the Cantonment Board Sialkot against the Environmental Protection Order issued by the EPA regarding the improper dumping of solid waste near residential areas. The complaint was initiated by local residents, which prompted the EPA to take action. However, the Tribunal found that the EPA did not act with due diligence, failing to hear the appellant's side before making a ruling. The case highlights the importance of the right to be heard and the principle of 'audi alteram partem' in administrative proceedings. The Tribunal's decision to remand the case back to the EPA underscores the necessity of fair hearing practices in environmental law cases, particularly those involving public health and safety concerns. |
| Court |
Environmental Tribunal, Lahore
|
| Entities Involved |
Environmental Protection Agency,
Cantonment Board Sialkot,
Residents of Kharota Syedan Sialkot
|
| Judges |
SHAZIB SAEED, CHAIRPERSON,
MUZAFFAR MAHMOOD, MEMBER (GENERAL)
|
| Lawyers |
Ch. Muhammad Attique,
Mohsin Sarfraz Cheema
|
| Petitioners |
CANTONMENT BOARD SIALKOT
|
| Respondents |
PROVINCIAL ENVIRONMENTAL PROTECTION AGENCY
|
| Citations |
2019 SLD 1471,
2019 CLD 555
|
| Other Citations |
The University of Dacca and others v. Zakir Ahmed PLD 1965 SC 90,
PLD 2014 SC 585,
2004 MLD 1377,
2014 CLC 1259,
1993 SCMR 122,
1986 SCMR 962
|
| Laws Involved |
Punjab Environmental Protection Act, (XXXIV of 1997)
|
| Sections |
2,
16,
22
|