SALEEM AKHTAR KIYANI vs PROVINCE OF PUNJAB S — 2023 CLD 1452 LAHORE-HIGH-COURT-LAHORE

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SALEEM AKHTAR KIYANI VS PROVINCE OF PUNJAB S. 7---Environmental Impact Assessment, approval of---Disclosure of information to the public---Scope---As per S. 7 of the Punjab Environmental Protection Act, 1997 ('the Act 1997'), the Environmental Protection Agency ('EPA') shall maintain registers for Initial Environmental Examination and Environmental Impact Assessment projects, which shall contain brief particulars of each project and a summary of decisions taken thereon, which shall be open to inspection by the public at all reasonable hours and the disclosure of the information in such register shall be subject to the restrictions specified in subsection (3) of the S. 7 of the Act 1997---Public has a right to receive the documents/information before the EPA and they can also file objection therein. S. 12--- Punjab Environmental Protection (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2022, R. 8---Environmental Impact Assessment, approval of---Scope---Section 12 of the Punjab Environmental Protection Act, 1997, explains that no proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an Initial Environmental Examination or, where the projects is likely to cause an adverse environmental effect, an Environmental Impact Assessment, and approval from Federal Agency has to be obtained. 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.

SALEEM AKHTAR KIYANI vs PROVINCE OF PUNJAB S — 2023 CLD 1452 LAHORE-HIGH-COURT-LAHORE

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