NEMAT ULLAH KHAN vs PROVINCE OF THE PUNJAB Ss — 2023 CLD 261 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 261 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: NEMAT ULLAH KHAN vs PROVINCE OF THE PUNJAB Ss
Subject matter: Constitutional
Provisions referred to: S. 17; S. 16

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

NEMAT ULLAH KHAN VS PROVINCE OF THE PUNJAB Ss. 7 (g), 11, 16(2), 17, 18, 19, 21 & 22---Constitution of Pakistan, Art.199---Brick klin owners---Imposition of penalty and proposed sealing of business for alleged violation of using old technology ('BTK') instead of approved zigzag technology---Legality---Under the provisions of Punjab Environmental Protection 1997 ('the Act'), if zigzag was not being used, the concerned Agency could pass an Environmental Protection Order by calling the responsible person, or visiting the premises, where violation was being committed, keeping in view the gravity of the violation; hearing could be provided at the premises and protection order should be passed immediately---In terms of S. 17 of the Act, if proceedings were not in accordance with law, the aggrieved person had remedy before the Environmental Tribunal under Ss. 21 & 22 of the Act---Plea that brick kilns were not contributing much in the smog, could not be taken up and decided in Constitutional jurisdiction being a purely technical issue---Determination of any anti-environmental activity primarily rests with the Authority under the Act, which can be assailed in accordance with law---High Court directed that petitioners be provided an opportunity of being head and an order, if required, under S. 16(1) of the Act, be passed---Constitutional petitions were disposed of with the said directions.

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