| Case ID |
435f7679-9d4d-48a5-acac-add914d7e034 |
| Body |
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| Case Number |
Complaint No. 7 of 2010 |
| Decision Date |
May 31, 2010 |
| Hearing Date |
|
| Decision |
The Tribunal allowed the application for withdrawal of the complaint filed by the Director-General of the Environmental Protection Agency (E.P.A.) Sindh. The basis for the withdrawal was that the current management of Ansari Sugar Mills had taken over after the original samples were collected and that they had not been given a proper opportunity for personal hearing as mandated by Section 16 of the Pakistan Environment Protection Act. The Tribunal pointed out the negligence of the authorities and the lack of compliance monitoring after the change in management. The accused, Khawaja Anwar Majeed, was acquitted, and the bail bond was canceled. |
| Summary |
This case revolves around a complaint filed by the Environmental Protection Agency (E.P.A.) against the new management of Ansari Sugar Mills regarding environmental compliance issues. The Tribunal emphasized the importance of providing a fair hearing to the new management after they took over from a court-appointed receiver. The case highlighted procedural lapses by the E.P.A. in failing to notify the new management and allowing them the opportunity to present their case. The Tribunal's decision to allow the withdrawal of the complaint reflects a commitment to ensuring due process and compliance with the Pakistan Environment Protection Act, 1997. The ruling illustrates the significance of adhering to legal requirements for personal hearings in environmental law cases, ensuring that new managements are not unfairly penalized without proper representation and opportunity to comply with environmental standards. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Environmental Protection Agency, Government of Sindh,
Ansari Sugar Mills Limited
|
| Judges |
MRS. ASHRAF JAHAN, CHAIRPERSON,
DR. SAMI-UZ-ZAMAN, MEMBER TECHNICAL,
ABDUL KARIM MEMON, MEMBER LEGAL
|
| Lawyers |
Abdul Maroof, D.D.P.P. for E.P.A. Sindh,
Muhammad Rafi for Respondent
|
| Petitioners |
DIRECTOR-GENERAL, ENVIRONMENTAL PROTECTION AGENCY, GOVERNMENT OF SINDH
|
| Respondents |
Khawaja ANWAR MAJEED, CHIEF EXECUTIVE OFFICER, ANSARI SUGAR MILLS
|
| Citations |
2011 SLD 322 = 2011 CLD 857
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Environment Protection Act, 1997
|
| Sections |
16
|