Environmental Impact Assessment

2023 CLD 1452 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 12

Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2022, R. 8

Project of creation of a new site by the Capital Devolvement Authority for dumping garbage/solid waste

Environmental Impact Assessment

Scope

Contention of the petitioners was that site in question was a beautiful valley which would become terribly hazardous to the lives of residents

Validity

Record revealed that Capital Development Authority ('CDA'), being the proponent of the project, had filed an Environmental Impact Assessment ('EIA') under S. 12 of the Punjab Environmental Protection Act, 1997 ('the Act 1997') but, due to non-provision of certain documents by the respondent/CDA, the same was not completed by the Environmental Protection Agency ('EPA') under Regln. 8 of the Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2022 ('the Regulations 2022'), and procedure as per S. 12(2), (4) and (7) of the Act 1997 was still incomplete

Hence, Respondent/CDA was bound to fulfill all the mandatory requirements of law and fill up all lacunas on their part so that the EPA should decide the EIA before starting use of land-in-question for the purpose-in-hand

Once the EPA completes the EIA and communicates the same to CDA, the latter would complete the process in order to start work on its project

High Court directed the respondent/CDA for submitting all the required documents/record in the EIA before the EPA, who shall conduct scrutiny, then make publication in newspaper, place it in District Council Hall and complete the same in accordance with law, after providing proper hearing to all the concerned including the petitioners

Constitutional petition was disposed of accordingly.

2015 SCMR 1739 SUPREME-COURT Judicial Precedent

Ss. 5(6), 12, 22 & 23

Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Sched. II, Part-D, Serial No.2

Constitution of Pakistan, Arts. 9, 14, 17 & 25

Signal Free Corridor Project ("Project") proposed and initiated by Lahore Development Authority ("LDA")

Environmental Impact Assessment

High Court set aside the Environmental Impact Assessment (EIA) approval for the Project in question by declaring that the same was granted by Director General, Environment Protection Agency in violation of certain Fundamental Rights of the citizenry besides being offensive to environmental justice and due process protected under the Constitution

Validity

Section 5(6) of the Punjab Environmental Protection Act, 1997 imposed a mandatory duty on the Provincial Government to constitute Advisory Committee under the said Act

Said Committee was meant to assist the Environmental Protection Agency in evaluating the environmental impact of projects under consideration

Failure by the Provincial Government to constitute the said Committee in the present case violated its statutory duty

Environmental Impact Assessment approval for the Project in question could be struck down for such failure of the Provincial Government, however in the present case, the Project in question did not require Environmental Impact Assessment approval because as per entry at Serial No.2 of Part-D of Schedule-II of the Pakistan Environmental Protection Agency (Review of IEE & EIA) Regulations, 2000 projects for rebuilding or reconstruction of existing roads did not require an Environmental Impact Assessment

Even otherwise impugned judgment of High Court had not recorded any objection to the Environmental Impact Assessment approval on its merits, nor had the petitioners (before the High Court) highlighted any objection that had remained unattended and yet was fatal to the Environmental Impact Assessment approval

Moreover, the Punjab Environmental Protection Act, 1997 provided an appeal to an Environmental Tribunal and a second appeal to a Division Bench of the High Court

Neither of these remedies had been availed before filing Constitutional petition before the High Court

Environmental Impact Assessment approval could not be struck down in the present case upon a mere presumption or apprehension

Appeal was partly allowed accordingly.

2015 PLD 522 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Environmental Impact Assessment

Essential constituents to be present in an Environmental Impact Assessment listed.

2015 PLD 522 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Environmental Impact AssessmentScope and significance

Environmental Impact Assessment was as essential a tool as the feasibility report at the planning stage; it was an information-gathering exercise carried out by the developer and other bodies, which enabled a local planning authority to understand the environmental effects of a development before deciding whether or not to grant planning permission for that proposal

Innovation behind the formal Environmental Impact Assessment process was the systematic use of the best objective sources of information and the emphasis on the use of the best techniques to gather such information

Ideal Environmental Impact Assessment would involve a totally bias free collection of information produced in a form, which would be coherent, sound and complete; it should then allow the local planning authority and members of the public to scrutinize the proposal, assess the weight of predicted effects and suggest modifications or mitigation (or refusal) where appropriate

With time Environmental Impact Assessment has emerged as an important international and domestic legal technique for integrating environmental considerations into socio-economic development and decision-making processes

Environmental Impact Assessment described a process, which produced a statement to be used in guiding decision-making, with several related functions; first, it should provide decision-makers with information on the environmental consequences of proposed activities and, in some cases, programmes and policies, and their alternatives; second, it required decisions to be influenced by such information, and third, it provided a mechanism for ensuring the participation of potentially affected persons in the decision-making process.

2015 PLD 522 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Constitution of Pakistan, Arts. 9 & 14Environmental Impact AssessmentPurpose

Purpose of Environmental Impact Assessment was to ensure that decisions were taken following timely and sound advice; to encourage and provide opportunities for public consultation in environmental aspects of proposals before decisions were made; to ensure that proponents of proposals took primary responsibility for protection of the environment relating to their proposals, and carried the costs necessary for environmental protection; to facilitate environmentally sound proposals by minimizing adverse impacts and maximizing benefits to the community, and to provide a basis for ongoing environmental management, including through the results of monitoring

Through the tool of an Environmental Impact Assessment, the Environmental Protection Agency regulated and protected the environment and as a result the life, health, dignity and well-being of the people who inhabited the environment

Environmental Assessment was, therefore, a substantive exercise as every step in such process cautiously guarded the fundamental rights of the people.

2015 CLD 983 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Environmental Impact AssessmentScope and significance

Environmental Impact Assessment was as essential a tool as the feasibility report at the planning stage; it was an information-gathering exercise carried out by the developer and other bodies, which enabled a local planning authority to understand the environmental effects of a development before deciding whether or not to grant planning permission for that proposal

Innovation behind the formal Environmental Impact Assessment process was the systematic use of the best objective sources of information and the emphasis on the use of the best techniques to gather such information

Ideal Environmental Impact Assessment would involve a totally bias free collection of information produced in a form, which would be coherent, sound and complete; it should then allow the local planning authority and members of the public to scrutinize the proposal, assess the weight of predicted effects and suggest modifications or mitigation (or refusal) where appropriate

With time Environmental Impact Assessment has emerged as an important international and domestic legal technique for integrating environmental considerations into socio-economic development and decision-making processes

Environmental Impact Assessment described a process, which produced a statement to be used in guiding decision-making, with several related functions; first, it should provide decision-makers with information on the environmental consequences of proposed activities and, in some cases, programmes and policies, and their alternatives; second, it required decisions to be influenced by such information, and third, it provided a mechanism for ensuring the participation of potentially affected persons in the decision-making process.

2015 CLD 983 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Environmental Impact Assessment

Essential constituents to be present in an Environmental Impact Assessment listed.

2015 CLD 983 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(xi)Constitution of Pakistan, Arts. 9 & 14Environmental Impact AssessmentPurpose

Purpose of Environmental Impact Assessment was to ensure that decisions were taken following timely and sound advice; to encourage and provide opportunities for public consultation in environmental aspects of proposals before decisions were made; to ensure that proponents of proposals took primary responsibility for protection of the environment relating to their proposals, and carried the costs necessary for environmental protection; to facilitate environmentally sound proposals by minimizing adverse impacts and maximizing benefits to the community, and to provide a basis for ongoing environmental management, including through the results of monitoring

Through the tool of an Environmental Impact Assessment, the Environmental Protection Agency regulated and protected the environment and as a result the life, health, dignity and well-being of the people who inhabited the environment

Environmental Assessment was, therefore, a substantive exercise as every step in such process cautiously guarded the fundamental rights of the people.

2014 CLD 222 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 2(xxxv), 12 & 33, Schedules I & II

Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Regln. 5

Environmental Protection Agency

Powers

Environmental Impact Assessment

Scope

Power under Regulation 5(2) of Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, or Entry J to Schedule-II to Pakistan Environmental Protection Act, 1997, can only be exercised by the Agency when it comes to the conclusion that a particular project though has not been categorized in any of the Schedules annexed to Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, but still is likely to cause an adverse environmental impact and a recommendation to that effect has been made in writing by Environmental Assessment Advisory Committee, then the proponent of a project upon detailing the reasons can be directed to file Initial Environmental Examination (IEE) or Environmental Impact Assessment (EIA).