| Case ID |
38edea41-5529-4820-b70e-2ca5f02a3578 |
| Body |
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| Case Number |
Appeal No. 6 of 2021 |
| Decision Date |
Jul 06, 2021 |
| Hearing Date |
Jul 06, 2021 |
| Decision |
The Sindh High Court set aside the Environmental Protection Order issued by the Director General of the Sindh Environmental Protection Agency, which had directed Madina Breeding (Pvt.) Limited to close its poultry farm. The court found that the order exceeded the powers granted under the Sindh Environmental Protection Act, 2014. The court emphasized that closure could only be enacted by the Environmental Protection Tribunal following due process. The appellant was directed to submit an Environmental Audit report and Environmental Management Plan within 90 days to comply with environmental regulations. This decision underscores the importance of adhering to procedural regulations in environmental law and the necessity for proper approvals before any business operations. |
| Summary |
In the case of Madina Breeding (Pvt.) Limited versus Sindh Environmental Protection Agency, the Sindh High Court addressed the validity of an Environmental Protection Order that mandated the immediate closure of a poultry farm. The order was contested by Madina Breeding, which argued that it had complied with environmental regulations and that the closure order was beyond the authority of the Director General of SEPA. The court highlighted that under the Sindh Environmental Protection Act, only the Environmental Protection Tribunal has the authority to issue such closure orders after due process. The court ruled in favor of the appellant, allowing them to present an Environmental Audit report and Management Plan within a specified timeframe. This case illustrates the complexities of environmental law compliance and the legal protections available to businesses against arbitrary administrative actions. Key terms include environmental protection, compliance, legal authority, and procedural fairness. |
| Court |
Sindh High Court
|
| Entities Involved |
MADINA BREEDING (PVT.) LIMITED,
SINDH ENVIRONMENTAL PROTECTION AGENCY
|
| Judges |
JUSTICE (R) NISAR MUHAMMAD SHAIKH,
MUHAMMAD ARIF KHAN,
ABDUL RAUF MEMON
|
| Lawyers |
Meraj ud Din,
Khalid Munir Shah,
Imran Ali Abbasi
|
| Petitioners |
MADINA BREEDING (PVT.) LIMITED through Authorized Attorney
|
| Respondents |
SINDH ENVIRONMENTAL PROTECTION AGENCY through Director General and others
|
| Citations |
2022 SLD 2155 = 2022 CLD 1051
|
| Other Citations |
Pakistan Mobile Communication v. Abrar Ahmed and 4 others 2019 CLD 578
|
| Laws Involved |
Sindh Environmental Protection Act, (VIII of 2014)
|
| Sections |
17,
21,
22
|