2019 PLP 183 (CLD)

Mr. Naeem Afzal son of Muhammad Afzal resident of house No. 168-E Phase-VI, DHA Lahore has filed a complaint before this Tribunal on 14.03.2018 against Punjab Environmental Agency through Secretary to Punjab Government along with other two respondents. On 05-04-2018 cursory statement of the complainant on oath was recorded which is as under; "I purchase brand New Honda Civic I-VTEC model 2013 and I kept the maintenance of the car through authorized Honda Service Centre. On 14.10.2017 my car engine started giving strange sounds and I went to Honda Point Lahore where I was informed by the technical staff, that engine catalic convertor needs repair. The technical staff made the cleaning of the convertor and broke the mud filters intentionally of the convertor. After doing that I came back on my way back Light of Emission System came up and car started sound like a diesel engine. I went back and informed the technical staff of that authorized service centre i.e. Honda point about this problem. I was informed by them that they have broken the Mesh installed in the convertor. On 16-10-2017 I wrote a letter to the Honda Pakistan through E-Mail and asked certain questions. I received the reply through post on 23-12-2017. I wrote a letter to the Ministry of Industry and Production on 21-10-2017 but my grievance was not redressed. Then l gave a notice to the EPA to initiate action against the respondent on 05 February 2018 through registered post. Earlier I filed a writ petition bearing No. 110871 of 2017 before Hon'ble Lahore High Court Lahore the same was dismissed as withdrawn on 27-11-2017 in order to avail remedy before the Tribunal. The Mesh present in the convertor helps in minimizing the exhaust of toxic gases from the exhaust pipes of the cars which is cause of pollution and smoke in the cars. This converter also reduces emissions three harmful compound in the exhaust i.e. carbon monoxide and hydro carbon. The damage of removal of this convertor is serious to the human health and the environment. The respondent No. 2 is not observing SOPs. Environment Agencies inspite of my repeated requests are not initiating action against this car company for damaging the human health and environment. The removing or changing of this convertor is an offence in abroad. Therefore respondent be summoned to face the trial under relevant offence."

2. On the same day the statement of Mr. Nabeel Javed Advocate for the complainant was also recorded (without oath). Arguments of the counsel were also heard on 05.04.2018. This Tribunal has gone through the cursory evidence which apparently shows violation of section 15 of PEP Act, 1997 (As amended 2012). The section 24 of the Act ibid vest the jurisdiction to try the violation under section 15 to the Environmental Magistrate. When confronted about the maintainability of the complaint before this Tribunal the complainant Counsel cited case law 2011 CLD 1138 titled D.G. EPA v. Wi-tribe Lahore dated 09th of February, 2011.

3. Section 15 of this Act regulates the emission of pollution from Motor Vehicle or Class of Vehicles. The violation of section 15 is punishable under section 17(2) and Environmental Magistrate has the jurisdiction to take cognizance of the offence under section 24 of the PEP Act, 1997 (as amended in 2012). Further the Government of Punjab vide notification (123 of 2016) dated 12.10.2016 has notified the Provincial Environmental Quality Standards for Motor Vehicle Exhaust and noise. The case law cited by the complainant counsel has been perused and is not relevant on all four corners of facts of case in hand.

4. After careful examination of the cursory statement by the complainant documents annexed with complaint and perusal of the relevant law indicates that this Tribunal has no jurisdiction to intervene in the complaint and is hereby dismissed. However Complainant is at liberty to approach the competent forum under the PEP Act, 1997 (as amended in 2012) for redressal of his grievance. HBT/3/PET Appeal dismissed.