| Case ID |
1acc5485-c9a2-45af-b39e-2ff84552ede3 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-2059 of 2010 |
| Decision Date |
Mar 09, 2011 |
| Hearing Date |
Feb 21, 2011 |
| Decision |
The High Court dismissed the constitutional petition in limine, affirming the authority of the Environmental Tribunal to investigate the complaints against the petitioner regarding the hazardous waste generated from its PVC pipe manufacturing process. The Tribunal was deemed to have acted within its jurisdiction, and the allegations made against the petitioner were considered cognizable under the Pakistan Environment Protection Act. The court emphasized the necessity for environmental protection and public interest in addressing pollution caused by hazardous substances. The Tribunal's order to conduct an inquiry into the allegations was upheld, highlighting the importance of adhering to environmental laws and regulations to safeguard public health and safety. |
| Summary |
In the case of Dadex Eternit Limited vs Syed Haroon Ahmed, the Sindh High Court dealt with serious allegations regarding environmental violations under the Pakistan Environment Protection Act, 1997. The petitioner, a PVC pipes manufacturer, was accused of generating hazardous waste, particularly asbestos, which posed health risks to the surrounding community. The court examined the jurisdiction of the Environmental Tribunal and the legitimacy of the complaints filed, ultimately ruling in favor of the Tribunal's authority to investigate the claims. This case underscores the critical balance between industrial operations and environmental protection, emphasizing the need for compliance with environmental regulations to prevent health hazards in populated areas. The ruling serves as a reminder of the government's role in enforcing environmental laws and protecting public health, aligning with trending discussions on sustainable development and corporate responsibility in environmental stewardship. |
| Court |
Sindh High Court
|
| Entities Involved |
DADEX ETERNIT LIMITED,
Environmental Protection Authority,
Federal Secretary for Ministry of Environment,
Syed HAROON AHMED
|
| Judges |
MUSHIR ALAM, CHIEF JUSTICE,
MUHAMMAD ALI MAZHAR, JUSTICE
|
| Lawyers |
M. Jamshed Malik for Petitioner,
Qazi Abdul Hameed Siddiqui for Respondent No. 1,
Hussain Bakhsh Saryo for Respondent No. 1,
Mian Khan Malik for Respondent No. 2,
Nazar Akbar for Respondent No. 2,
D.A.G. Abdul Maroof for Respondent No. 2,
Adnan Karim, Additional Advocate-General, Sindh
|
| Petitioners |
DADEX ETERNIT LIMITED
|
| Respondents |
others,
Syed HAROON AHMED
|
| Citations |
2011 SLD 344 = 2011 CLD 1119
|
| Other Citations |
Nasir Abdul Qadir v. The State and others 2003 SCMR 472,
Allah Din and others v. The State and another 1994 SCMR 717,
Malik Muhammad Hasan v. Assistant Commissioner, Quetta and others 1987 CLC 182,
Digital Radio Paging Limited v. Pakistan Industrial Credit and Investment Corporation and others 2003 CLD 1612,
Anjum Irfan v. LDA and others PLD 2002 Lah. 555,
Sheri C.B.E. v. Government of Pakistan and others 2007 CLD 783,
Ms. Shehla Zia and others v. WAPDA PLD 1994 SC 693,
Muhammad Iftikhar Mohmand v. Javed Muhammad and others 1998 SCMR 328,
Ms. Afshan Ahmed v. Messrs Habib Bank Limited and another 2002 CLD 137,
Syed Ali Azhar Naqvi v. The Government of Pakistan and others PLD 1994 Kar. 67,
Ardeshir Cowasjee and others v. Sindh Province and others 2004 CLC 1353,
Khalid Mamood v. Collector of Customs 1996 SCMR 1881
|
| Laws Involved |
Pakistan Environment Protection Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
21,
24,
11,
14,
16,
17,
23,
199
|