ABDUL QAYOOM vs SINDH ENVIRONMENT PROTECTION AGENCY Ss — 2023 CLD 946 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACH

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ABDUL QAYOOM VS SINDH ENVIRONMENT PROTECTION AGENCY Ss. 26 & 27--- Sindh Environmental Protection Agency (Environmental Assessment) Regulations 2021, Regln. 17---Environmental issues--- Environment Impact Assessment (EIA)---Conditional approval---Appellants assailed EIA approval accorded by Environmental Protection Agency to Proponent for construction of Malir Expressway Project--- Validity--- Approval was subject to numerous conditions, which were total 30 in number, therefore, such approval was conditional one---Most of the environmental issues were addressed in such conditions, compliance and implementation of which was responsibility of respondents---Overall object, necessity and importance of project could not be denied---Purpose for such mega project expressway was to provide support to bulk and heavy vehicles that transport goods from Karachi Port, KICT, Kiamari Terminal, etc. to other parts of the country---Need for corridor in question was highlighted in Traffic Master Plan prepared by Japan International Cooperation Agency (JICA) in 2012 titled as Karachi Transportation Improvement Project---After about ten years, the Project was being executed to avoid heavy traffic from entering and clogging main arteries of the city---Such vehicles were currently using main roads and combined with traffic of city, were creating a compounded pollution effect--- If the bulk material transport was provided as separate bypass to access rest of the country, pollution effect would be reduced--- On account of tremendous increase in population, a rapid increase of ancillary vehicles in the city resulted in a lot of pressure on city's infrastructure and surroundings, therefore, the situation demanded construction of expressway to cater extreme need of public at large---Project in question was not a private or commercial but was a public road and an initiative of Provincial Government---Expressway was for the larger interest of general public and it would permanently bring savings in terms of fuel and time of public traveling to any place of the country---It was to avoid unsustainable load on existing roads specifically of Landhi and Korangi Industrial Area, which were being used at maximum limit, having no more capacity of expansion or enlargement---Project in question would certainly reduce huge burden at least from the roads of such areas, which had resulted in serious issue of traffic congestion as well as heavy pollution--- Damage of any kind caused and likely to be caused to people of project area and surroundings and for the loss of any type already sustained or to be sustained by project affectees and all other issues concerning the environment and socioeconomic related matters which would arise due to construction of the project, could not be left unattended without redressal of the grievances and implementation of the same---Environmental Protection Tribunal directed the authorities to constitute/notify Complaint Redressal and Implementation Committee (CR&IC) for redressal of such issues---Appeal was disposed of accordingly. Head NotesCase Description Citation Name: 2023 CLD 946 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ABDUL QAYOOM VS SINDH ENVIRONMENT PROTECTION AGENCY Regln. 17---approval, cancellation of---Principle---approval can be cancelled if conditions of approval have not been complied with or the information supplied by Proponent in the approved EIa or EMP is incorrect. Head NotesCase Description Citation Name: 2023 CLD 946 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHIBookmark this Case ABDUL QAYOOM VS SINDH ENVIRONMENT PROTECTION AGENCY Ss. 26 & 27---Environmental issues---Proceedings before Courts and forums---Locus standi---Respondents objected to maintainability of appeal on the plea that appellants had no locus standi to file the appeal---Validity---Concerned citizens were not prevented from placing their grievances before competent Courts or high forums, even if they were not direct affectees but noticed that environmental issues were handled wrongly or unjustifiably with illegality and irregularity etc.---Appellants had a right to approach Environmental Protection Tribunal as aggrieved persons and concerned citizens having sufficient interest and locus standi to be heard in the matter---Appeal was maintainable, in circumstances. Head NotesCase Description

ABDUL QAYOOM vs SINDH ENVIRONMENT PROTECTION AGENCY Ss — 2023 CLD 946 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHI

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