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CITIZENS FOR ENVIRONMENT vs DIRECTOR GENERAL, SINDH ENVIRONMENTAL PROTECTION AGENCY S — 2024 CLD 350 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHI

Case information

Citation
2024 CLD 350 ENVIRONMENTAL-PROTECTION-TRIBUNAL-KARACHI
Year
2024
Reporter
CLD
Parties
CITIZENS FOR ENVIRONMENT vs DIRECTOR GENERAL, SINDH ENVIRONMENTAL PROTECTION AGENCY S
Provisions referred to
S. 27---S; S. 10; Sindh 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

CITIZENS FOR ENVIRONMENT VS DIRECTOR GENERAL, SINDH ENVIRONMENTAL PROTECTION AGENCY S. 27---Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations, 2014, Regln. 9(2)(c)---Sindh Cultural Heritage (Preservation) Act (XII of 1994), S. 10(1)---Environment Impact Assessment (EIA) Report---Cultural heritage buildings---Protection---Appellant organization assailed Environment Impact Assessment Report issued in favour respondent with regard to construction of multistoried building consisting of six basements---Validity---Culture, Tourism and Antiquities Department was one of the relevant departments whose no objection certificate/clearance or otherwise was required in terms of Regln. 9(2)(c) of Sindh Environmental Protection Agency (Review of Initial Environmental Examination and Environmental Impact Assessment) Regulations 2014, so as to be made part of EIA report, falling within the scope of Sindh Environmental Protection Act, 2014 and Regulations framed thereunder---Certain constructions of buildings etc. were allowed under Sindh Environmental Protection Act, 2014, and some constructions were prohibited under certain terms and conditions, which could not be gone through, when such objections raised by appellant in its comments filed on EIA report were not considered by Sindh Environmental Protection Agency while passing/issuing order in question---Construction of project building had not yet commenced and applicability of various provisions of law and validity of relevant notifications could be considered together with environmental issues, if any, after due compliance of relevant provisions of law by authorities---Sindh Environment Tribunal remanded the matter to Sindh Environmental Protection Agency for issuance of EIA Report afresh, after getting no objection certificate/approval/clearance from Culture, Tourism and Antiquities Department--- Appeal was allowed accordingly.

Other judgments reported in 2024 CLD

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