Legal Case Summary

Case Details
Case ID 1aafd6e8-e7e8-4978-9bdf-fecd54196b26
Body View case body.
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