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IQBAL MINING CO. vs PUNJAB ENVIRONMENTAL PROTECTION AGENCY Ss — 2022 CLD 1473 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 1473 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
IQBAL MINING CO. vs PUNJAB ENVIRONMENTAL PROTECTION AGENCY Ss
Provisions referred to
S. 16; Punjab Environmental Protection Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IQBAL MINING CO. VS PUNJAB ENVIRONMENTAL PROTECTION AGENCY Ss. 11, 12 & 16---Prohibition of certain discharges or emissions---Initial environmental examination and environmental impact assessment---Environmental protection order---Scope---Appellant assailed order passed by Environmental Tribunal operative part of which revealed that the untreated waste water of coal mine was being discharged into local drain and low lying areas and piles of coal debris of mine and rain water could affect the nearby soil adversely and that there was also violation of Ss. 11 & 12 of Punjab Environmental Protection Act, 1997, for not obtaining Environmental Approval/submitting IEE (Initial Environmental Examination)---Contention of appellant was that the Tribunal, under S. 16 of the Punjab Environmental Protection Act, 1997, could have directed for mitigation instead of passing order for establishing treatment of solid waste management plan---Validity---Object of Punjab Environmental Protection Act, 1997, was to ensure protection of environment including soil from toxic material in the waste of any project---Spirit of S. 16 of the Punjab Environmental Protection Act, 1997, was based on the precautionary principle which required the relevant agency to anticipate the danger and take immediate steps to prevent harm or danger to the environment---Direction qua solid waste management plan could be issued by the Environmental Protection Agency---Appeal was dismissed.

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