| Case ID |
42484ffd-97d7-4050-8b41-fb41feb28926 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 17300 converted in F.A.O. No. 145 of 2015 |
| Decision Date |
Dec 22, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the appeal of Mega Steel Mills Private Limited, setting aside the order that sealed its factory. The court found that the authorities did not have the power to seal the property under the Pakistan Environmental Protection Act, 1997, and the Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000. The sealing was also determined to be in violation of the principle of Audi Alteram Partem, as no notice was given to the appellant before the sealing. The decision emphasizes the importance of natural justice in administrative proceedings, particularly when actions can adversely affect an individual's rights or property. |
| Summary |
The case revolves around the sealing of Mega Steel Mills Private Limited by the Government of Punjab under the Pakistan Environmental Protection Act, 1997. The appellant claimed the sealing was conducted without providing an opportunity for a hearing, violating the principle of Audi Alteram Partem. The Lahore High Court ruled that the authorities lacked the statutory power to seal the factory without due process and emphasized the necessity of observing natural justice in administrative actions. This case underscores the importance of procedural fairness in environmental regulatory actions and the protection of property rights under the law. Key legal principles discussed include the scope of the Pakistan Environmental Protection Act, the authority of environmental agencies, and the implications of administrative decisions on livelihood. The ruling ultimately highlights the balance between environmental protection and individual rights, marking a significant precedent in administrative law and environmental jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ATIR MAHMOOD,
SHAHID MUBEEN
|
| Lawyers |
Syed Riaz-ul-Hassan Gillani,
Syed Ahsan Raza Hashmi,
Hafiz Muhammad Tahir,
Khalid Iqbal Cheema
|
| Petitioners |
Messrs MEGA STEEL MILLS PRIVATE LIMITED
|
| Respondents |
6 others,
GOVERNMENT OF PUNJAB through Secretary, Environmental Protection Department, Punjab, Lahore
|
| Citations |
2016 SLD 1062 = 2016 CLC 1095
|
| Other Citations |
Amanullah Khan v. Chief Secretary, Government of NWFP and others 1995 SCMR 1856,
The Registrar of University of Dacca v. Zakir Ahmad PLD 1965 SC 90,
Mrs. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232,
Abdul Hafeez Abbasi and others v. Managing Director, Pakistan International Airlines Corporation, Karachi and others 2002 SCMR 1034
|
| Laws Involved |
Pakistan Environmental Protection Act, 1997,
Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations, 2000
|
| Sections |
16,
23,
20(3)
|