Legal Case Summary

Case Details
Case ID 3d6e4556-8542-492e-abe6-90b591308b1b
Body View case body.
Case Number W.P. No. 37805 of 2020
Decision Date Aug 31, 2020
Hearing Date Aug 31, 2020
Decision The petition filed by Hafiz Muhammad Tahir Ashraf, Advocate, sought a writ of prohibition under Article 199 of the Constitution to restrain the Director General of the Environment Protection Agency, Punjab, from issuing a No Objection Certificate (NOC) for a project. The court found that the petitioner had remedies available under the Punjab Environmental Protection Act, including the right to appeal to the Punjab Environmental Tribunal. The petition was disposed of, emphasizing that if any conditions of the Environmental Protection Order were violated, the NOC could be revoked. The court directed that the pending complaint of the petitioner be decided in accordance with the law, ensuring environmental protection as mandated.
Summary This case involves a petition for a writ of prohibition regarding the issuance of a No Objection Certificate (NOC) for the construction of an incinerator project. The petitioner, Hafiz Muhammad Tahir Ashraf, challenged the legality of the NOC granted by the Director General of the Environment Protection Agency, Punjab. The Lahore High Court emphasized adherence to environmental regulations and the availability of an appeal process under the Punjab Environmental Protection Act. The court's decision highlights the importance of environmental protection and the legal remedies available for grievances related to environmental approvals. Keywords: environmental law, Punjab Environmental Protection Act, No Objection Certificate, Lahore High Court, judicial review.
Court Lahore High Court
Entities Involved Environment Protection Agency, Punjab
Judges Jawad Hassan
Lawyers Ch. Muhammad Asif Shahzad, Sahabzada Muzaffar Ali
Petitioners Hafiz Muhammad Tahir Ashraf
Respondents Province of Punjab, through Secretary EPO Punjab, and others
Citations 2021 SLD 2025, 2021 PLJ 358
Other Citations 2015 SCMR 1739, 2016 CLD 1011
Laws Involved Punjab Environmental Protection Act, 1997, Constitution of Pakistan, 1973
Sections 12(3), 22, 199