2012 PLP 604 (SCMR)

EJAZ AFZAL KHAN, J.

This petition for leave to appeal has arisen out of the order dated 30-6-2011 of the Lahore High Court, Bahawalpur Bench whereby writ petition filed by the petitioner was dismissed.

2. This case was heard by a Bench of this Court headed by the Chief Justice which directed as under:-- "

2. Issue notice to the respondents as well as Director-General Environments, Government of Punjab Lahore to appear and explain as to whether installation of such a grind mill in inhabited area is permissible or otherwise. Adjourned to 29th July, 2011. Notice be issued during course of the day. Learned counsel for petitioner shall assist the office in effecting service upon the respondents."

3. Pursuant to the directive of this Court a report was submitted by the Director-General Environment, relevant paragraphs whereof are reproduced herein below:-- "

2. District Officer (Environment), Bahawalnagar was deputed for ascertainment of factual position exist at the site. He reported (Annex-A) that respondent No.4 established One Painja Machine, One Carding Machine, One Atta Chakki, One Mini Size Expeller and One Chilli Grinding Unit in his Ahata in Chak No.131 Murad, near Chishtian in 2006. These machines are run either with 25HP Peter Engine or by Electric Motor of 10HP. The village consists on 400 houses. Respondent's machines are not operational since 27-9-2010 as these have already been closed down/ sealed by Assistant Commissioner, Chishtian.

3. Vibration due to non-engineered poor foundation, dust during cleaning of wheat/grains to be grinded, noise during operation of peter engines, machines and electric motors, smoke during the operation of diesel engines and irritation/offensive smell during Chilli grinding are generally observed impacts owing to operation of above said machines in residential areas. These bad impacts can be reversed through adopting following remedial measures otherwise operating above said machines in residential areas may not be advisable: (1) Use of Peter Engine for operation of above machines be suspended especially in residential areas. (2) Noise and vibration be controlled by constructing proper/engineered foundation. (3) To control dust and cotton fibers, dust collection rooms with filter bags to be installed. (4) Chilli grinding machines should be shifted away from thickly populated areas. (5) Machines installations should be at least 10 feet away from walls of nearby houses. In between space should be filled with sand."

4. In para-3 of the report, the Director-General Environment suggested remedial measures.

5. Learned counsel appearing on behalf of the petitioner contended that when the grind mill is nuisance in all forms and manifestations, it is required to be removed.

6. Learned Assistant Advocate-General, Punjab appearing on behalf of respondents Nos.1, 2, 3 and 5 in the first instance contended that when petitioner has a remedy under section 133 of the Cr.P.C. before a Judicial Magistrate and under section 21 of the Pakistan Environmental Protection Act, 1997, before a Tribunal constituted thereunder this writ petition was misconceived altogether.

7. Mr. Sajid Ilyas Bhatti, learned Advocate Supreme Court appearing on behalf of respondent No.4, with permission of the Court, contended that the machines installed by the respondent have been sealed ever since 27-9-2010 under order of the Assistant Commissioner. However, he submitted, that in case the respondent is to run them he would abide by all the remedial measures suggested by the Director General Environment Punjab Lahore.

8. When this being the case, we dispose of this petition accordingly. M.W.A./M-10/SC Order accordingly.