ARIF BELGAUMI vs SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) S — 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUN

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ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) S. 17---Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014, Regln. 6---Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---Scope---Appellants assailed the approval of "Development of Beach" accorded by Sindh Environmental Protection Agency in an Initial Environmental Examination (IEE) on the ground that such project required filing of Environmental Impact Assessment---Validity---Compliance of sub-Regulation (2) of Regln. 6 of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014 was not possible without following its proviso on the point of recommendations of the Committee and admittedly, there were no recommendations of the Committee and even no such Committee was shown to have been constituted---Sub-Regulation (2) of Regln. 6 empowered the Agency to direct the proponent of a project to file an IEE or EIA or ECL for the reasons to be recorded in such direction---Such reasons could not be recorded without due consideration and justification---Decision of IEE approval was not sustainable in the eyes of law, therefore, the impugned decision was set aside and the matter was remanded to the Agency for decision afresh. Head NotesCase Description Citation Name: 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) S. 27---appeals to the Environmental Protection Tribunal---Limitation---Communication of order---Scope---authorities/respondents contended that the appeal was barred by time as it was filed after 8 months of the passing of impugned order---Validity---appellants along with their appeal had annexed the copy of news report through which they had obtained knowledge of the approval, the application and its reminder for supply of copy of IEE (initial Environmental Examination) report and its approval---Such application as well as reminder bore the signatures with stamp of the receiving section of the agency---Receipt of the application and reminder were nowhere denied by the agency---Nothing more was needed to establish the appellants' stance on the point of limitation and accordingly, the appeal was held to have been filed within prescribed time of 30 days of the communication of the impugned decision to the appellant party. Head NotesCase Description Citation Name: 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) Quasi-judicial powers cannot be delegated and are to be exercised by persona designata mentioned in the statute. Head NotesCase Description Citation Name: 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) S. 27---appeals to the Environmental Protection Tribunal---Scope---Section 27 of the Sindh Environmental Protection act, 2014, provides that any person aggrieved of any order or direction of the agency may prefer an appeal within 30 days of date of communication of the impugned order or direction to such person. Head NotesCase Description Citation Name: 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) When a particular thing is required to be done in a particular manner it must be done in the same prescribed manner. Head NotesCase Description Citation Name: 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ARIF BELGAUMI VS SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) Regln. 13---Decision---Signatures on decision---Scope---Initial Environmental Examination approval being a quasi-judicial and appealable order can only be passed and signed by the Director General of the Agency and the Deputy Director is not competent to sign the same. Head NotesCase Description

ARIF BELGAUMI vs SINDH ENVIRONMENTAL PROTECTION AGENCY (SEPA) S — 2022 CLD 502 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHI

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