2011 CLD 857 (PLP)

By this order, we intend to dispose of application in hand under Rule 9(c) of the Environmental Tribunals (Procedure and Functions) Rules, 2008 moved by the Director-General, E.P.A. Sindh, seeking withdrawal of above complaint. The instant application is moved on the ground that the present management on 1-11-2008 had taken over the charge of Ansari Sugar Mills Limited from the receiver, duly appointed by the Lahore High Court in 1998. The samples were taken and examined under the provisions of the Pakistan Environmental Protection Act, 1997, much prior to the said date and the fact of change of management of Ansari Sugar Mills Limited was not in the knowledge of the complainant, therefore, no fresh notice of personal hearing under section 16(1) of the Pakistan Environmental Protection Act, 1997 has been served, as under the legal provision of said Act an opportunity had to be afforded to the new/present management of Ansari Sugar Mills Limited, therefore, present application for withdrawal of complaint is moved. The learned D.D.P.P. has also supported the averments made by the complainant in his withdrawal application and has further stated that the provision of personal hearing as provided under subsection (1) of section 16 of the Pakistan Environmental Protection Act, 1997, is mandatory, therefore, withdrawal application filed by the complainant may be allowed with permission to file afresh, if required, after fulfilling all the legal requirements. We have gone through the contents of application filed by the complainant and have perused the case record. It appears from the perusal of record that the present management has taken over the charge of Messrs Ansari Sugar Mills Limited on 1-11-2008 whereas industry was first visited by the S.E.P.A. in the year 2008 and the samples were collected in the month of February, 2008, personal hearing was given to the then management on 15-2-2008. Later on the samples were again collected in the month of January, 2010 but neither samples were delivered to the present management nor copy of the Laboratory report was delivered to them. Besides, no personal hearing as provided under subsection (1) of section 16 of the Pakistan Environmental Protection Act, 1997 was given to the existing management. No E.P.O. was, issued and simply complaint is filed before this Tribunal. Surprisingly though the samples were taken in the year 2008 and the results were found in excess of National Environmental Quality Standards but no steps were taken by the S.E.P.A. and two years and again in the year 2010 after taking the samples afresh, but without providing the opportunity of hearing to the present respondent, this complaint has been filed. This conduct on the part of S.E.P.A. reflects their negligent, careless and non-serious attitude in performance of their official duties. The present complaint is also silent as to whether the respondent is complying with smart program or not. Under these circumstances when the results are again found in excess of National Environmental Quality Standards it becomes incumbent upon S.E.P.A. to monitor the Ansari Sugar Mills Limited and after affording opportunity of hearing action may be taken in accordance with Law. Such report may be submitted before the Tribunal within thirty days of this order. Copy of this order may also be sent to the Secretary Environment, Government of Sindh for information and necessary action. With these observations, the application under Rule 9(c) of the Environmental Tribunals (Procedure and Functions) Rules, 2008 for withdrawal of present complaint is allowed with permission to file afresh, if required, after fulfilling the legal requirement. Consequently the accused Khawaja Anwar Majeed, Chief Executive, Ansari Sugar Mills Limited is acquitted. He is on bail, ills bail bond stands cancelled and surety stands discharged. H.B.T./1/ET???????????????????????????????????????????????????????????????????????????????????????? Application allowed.