2010 PLP 738 (CLD)

The present complaint is filed by the Director-General, Environmental Protection Agency, Sindh against one Jabir Hussain Dada and Nadeem Riaz, Chief Executive Officer, International Complex Project Limited, under sections 12 and 17 read with section 21(3)(a) of the Pakistan Environmental Protection Act, 1997. The facts in brief as stated in the complaint are that the respondents are engaged in construction of multi-storeyed buildings at Clifton Beach in Block-4, covering thousands of square yards. The Environmental Protection Agency, Sindh had issued a letter dated 26-3-2009 to respondent No.1 advising him to comply with the environmental laws, else he would be prosecuted. It was further directed to submit the salient features of the project so that the requirement of 'Environmental Impact Assessment' and 'Initial Environmental Examination' of the project could be ascertained. But he did not respond to the letter nor did he submit any 'Environmental Impact Assessment' or 'Initial Environmental Examination' of the project through qualified Environmental Consultant and continued with construction work of a huge project, thus violating the provisions of the Pakistan Environmental Protection Act, 1997. This being the position the present complaint was filed with the prayer that the respondent is to be prosecuted under section 21 of the Pakistan Environmental Protection Act, 1997 for violation of section 12 of the Pakistan Environmental Protection Act, 1997. It may not be out of place to mention here that initially the present complaint was filed against the respondent No.1 only who had disowned his responsibility on behalf of International Complex Project Limited being its employee whereafter the complainant has joined respondent No.2 also to these proceedings. In response the respondents filed their replies whereby they have denied the allegations levelled against them and have also categorically stated that no notice dated, 26-3-2009 as alleged by the complainant was ever served upon them and that their project is almost complete. Further it is the case of the respondents that the project in dispute actually commenced in the year, 1992 whereas the "Environmental Protection Act" was enacted in the year, 1997. Therefore, it cannot be applied retrospectively. Even the Environmental Impact Assessment Regulation, came into force in the year, 2000, therefore, no violation of section 12 of the Pakistan Environmental Protection Act, 1997 as alleged by the complainant has accrued. In support of their contention they have also submitted Architectural Approval of building plan dated 25-10-1989 issued by the KBCA, NOC issued by the KBCA for advertisement of sale of flats and shops etc. dated 1-1-1990 and copy of approved plan by the KBCA dated 12-10-1992. During the pendency of present complaint, the respondents have filed statement dated 3-11-2009, which reads as under:-- "It is respectfully submitted on behalf of the respondent No.2, that without prejudice to the contentions of the respondent No.2 stated in the respondent No.2's reply to the subject complaint and without admitting any liability on the part of the respondent No.2 as alleged in the subject complaint, the respondent No.2 shall submit an Environmental Impact Assessment Report to the Environmental Protection Agency, Sindh within a period of 2 months and comply with all provisions of the Pakistan Environmental Protection Act, 1997 as may be applicable. It is therefore respectfully submitted that in view of the above, the instant complaint be dismissed with the observations stated above, with no order as to costs." We have heard both the parties regarding maintainability of the present complaint and have perused the case record. The Environmental Protection Agency, Sindh has not disputed the contention of the respondents that their construction has started in the year, 1992 before the enactment of the Pakistan Environmental Protection Act, 1997. Further the Department has also failed to show that Notice dated 26-3-2009 was served upon the respondents. Be that as it may, as mentioned earlier that the respondents have filed statement that they are ready to submit Environmental Impact Assessment Report to the Environmental Protection Agency, Sindh, within a period of 2 months and will comply with all the provisions of the Pakistan Environmental Protection Act, 1997. Therefore, it is hereby ordered that the respondents shall submit an Environmental Impact Assessment report within a period of two months in accordance with the provisions of Pakistan Environmental Protection Act, 1997. Put off to 3-2-2010 for further proceedings. H.B.T./1/ET Order accordingly.