ASAD MAHMOOD vs GOVERNMENT OF PUNJAB through Chief Secretary Punjab, Lahore S

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ASAD MAHMOOD VS GOVERNMENT OF PUNJAB through Chief Secretary Punjab, Lahore S. 12--- Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, Sched. II---Punjab Mining Concession Rules, 2002, Rr. 234 & 235---Constitution of Pakistan, Art. 199---Constitutional petition---Locus standi---Efficacious and alternate remedy---Petitioners assailed stone crushing units established by respondents on the plea of absence of proper approval by relevant authorities---Validity---Petitioners invoked Constitutional jurisdiction of High Court under Art. 199 of the Constitution and they had to establish that their legal or fundamental rights guaranteed under the Constitution were violated---Petitioners were to prove their locus standi to seek direction to authorities in such regard under denial of their legal rights, if any---Such was a sine qua non for initiation of proceedings under Art. 199 of the Constitution that petitioners had a locus standi to institute such proceedings---Petitioners were to be an aggrieved party from actions of respondents---Specific remedy under Rr. 234 & 235 of Punjab Mining Concession Rules, 2002 and S. 12 of Pakistan Environmental Protection Act, 1997, was available to petitioner---Instead of availing specific remedy petitioners assailed Constitutional jurisdiction of High Court---In the wake of an alternate efficacious remedy available to a litigant, jurisdiction of High Court under Art. 199 of the Constitution could not be invoked---High Court directed petitioners to approach concerned authorities for redressal of their grievance and concerned authorities would redress their grievance---Constitutional petition was disposed of accordingly. Sched. II--- Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---Stone crushing unit---Scope---Any natural or legal person who proposes or intends to undertake a project, including stone-crushing, is required to obtain IEE approval---Such approval is a preliminary environmental review of reasonably foreseeable qualitative and quantitative impacts on environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment---If such project is likely to cause adverse environmental effect, which includes pollution as well as impairment of or damage to environment, human health, safety, biodiversity or property, or falls under Sched. II of Environmental Protection Agency Review of Initial Environmental Examination and Environmental Impact Assessment Regulations, 2000, such person is required to obtain EIA approval, which is environmental study comprising collection of data, prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventive, mitigatory and compensatory measures, formulation of environmental management and training plans and monitoring arrangements, and framing of recommendations and such other components as may be prescribed---Businesses of crushing limestone or allied projects have to obtain such approvals in accordance with so listed requirements of law.

ASAD MAHMOOD vs GOVERNMENT OF PUNJAB through Chief Secretary Punjab, Lahore S — 2022 CLD 1430 LAHORE-HIGH-COURT-LAHORE

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