BEFORE THE ENVIRONMENTAL PROTECTION TRIBUNAL, LAHORE 1
Complaint No ________of 2008 Muhammad Ilyas S/o Haji Abdul Ghafoor alias Babu, R/o Shop No 27, New Sabzi Mandi, Multan COMPLAINANT…
Versus 1. Director Director General Environment Environmental al Protectio Protection n Agency, Agency, Punjab Punjab Lahore 2. District Co-ordination Officer Multan. 3. Director Works, Water and Sanitation Authority, Multan. 4. Project Manager, Southern Punjab Urban Services Project, Multan. 5. District Officer (Revenue)/District Collector, Multan. Acquisition on Officer, Officer, Southern Southern Punjab Punjab Urban Urban Services Services 6. Land Acquisiti Project, Multan 7. District District Officer Officer Environment, Environment, Multan Multan RESPONDENTS… COMPLAINT U/S 21 Ss 3(B) OF PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 READ WITH ALL OTHER ENABLING PROVISIONS AGAINST HAZARDOUS OPERATION OF DISPOSAL
Respectfully Sheweth:-
Facts:1. That, the Complaint is being filed in the interest of Public at large and the complainant is the resident of the impugned vici vicini nity ty and and inst instan anta tane neou ousl sly y come comes s with within in the the ambi ambitt “Aggrieved Person” as defined in the Clause “b” of Subsection 3 of Section 21 of PEPA 1997. In addition to that, Complainant is also authorized by and, on behalf of, all the Resident “Traders” of New Sabzi Mandi Multan and is fully conversant with the facts of the Complaint.
2 2.
That the Respondent No 4, The Project Manager SPBUS Proj Projec ectt Mult Multan an City City,, prop propos osed ed to acqu acquir ire e priv privat ate e land land measuring 23 Kanals & 17 Marlas, situated in Moza Piran Ghaib and Seetal Mari, near Vegetable & Fruit Market for the constr construc uctio tion n of “Dispo “Disposal sal Statio Station” n” under under the SPBUS SPBUS Project. Respondent No 5 i.e. District Officer Revenu Revenue/D e/Dist istric rictt Collec Collector tor Multan Multan allowe allowed d the same same and same same was acqui acquired red vide vide Gazett Gazette e Notifi Notificat catio ion n No 830-D. 830-D.O O (R)/LAC dated 02-10-2007 and Published on 22-20-2007.
Copy of the Notification dated 22-20-2007 is attached as Annex- A
That It is per pertine tinen nt to men mention tion her ere e that that above bove sai said 3. Th resumed/acquired land is situated adjacent to the new Sabzi Mand Ma ndii and and also also a dens densel ely y popu popula late ted d comm commer erci cial al and and resi esident dentia iall ar are ea. The land land is acqu acquir ired ed for the the publ public ic purp purpos oses es and and prop propon onen entt of the the proj projec ectt has has prop propos osed ed to install a high volume and capacity disposal station enough to meet meet the re requ quir irem emen entts of the nex next 50 yea earrs. The abovementioned Project is a huge Project and not only the effl efflue uent nt and and wast waste e of the the Mult Multan an City City shal shalll be disp dispos osed ed therein but also the contaminated effluent and waste of the Pak-Arab Fertilizer shall be discharged in the same. 4. That the construction of the “Disposal Station”, adjacent to the New New Sabz abzi Mandi andi,, and and withi ithin n the Comme ommerrcial ial & Residential area caused a great panic in the inhabitants of the area. Complainant along with the other residents/stake holde olderrs of the vici vicini nity ty appr pproache ached d the the offic ffices es of the the Respondents yet no heed was paid to the outcry of the Complainant and inhabitants.
That the Compla Complaina inant nt and other other membe members rs of Anjuma Anjuman-e n-e-5. That Arhtian, New Vegetable and Fruit Market, being appr appreh ehen ende ded d moved oved an appli pplica cati tion on to the the Busin usines ess s Deve Develo lopm pmen entt Ma Mana nage ger, r, Hort Hortic icul ultu ture re Deve Develo lopm pmen entt and and Export Board, Lahore who vide his letter No PHDE PHDEB/ B/BD BDM/ M/08 08/65 /6508 08 date dated d 06-0 06-066-20 2008 08 re requ ques este ted d the the Respondent No 2 to relocate the impugned Disposal Station at some other suitable place. However, Respondent No 2 did not take any action and the matter remained unattended. Copy of the Letter No PHDEB/BDM/08/6508 dated 06-062008 is attached as Annex-B 6.
That That the the Co Comp mpla lain inan antt has has also also move moved d an appl applic icat atio ion n thro throug ugh h Anju Anjuma mann-ee- Arht Arhtia ian n to the the Re Resp spon onde dent nt No 1. However, again no notice was taken on the same.
Copy of the Application to the Respondent No 1 is attached as Annex-C 7.
That the Respondents may kindly be directed to relocate/shift the impugned Disposal Station/Pump to avoid damaging the environment inter alia on the following:-
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Grounds a. That, the impugned Disposal Station is being cons constr truc ucte ted d in viol violat atio ion n of Sect Sectio ion n 12 of Paki Pakist stan an Environmental Protection Act 1997. No E.I.A Report as desi desire red d in Clau Clause se “G” “G” of Seco Second nd (II) (II) Sche Schedu dule le of Pakistan Environmental Protection Agency (Review of IEE and EIA) Regulations 2000 has been submitted by the Respondents. b. That Impugned Disposal Station is being constructed in a densely populated area. On the one side of the proposed Disposal Station, it is adjacent to the New Sabzi Mandi Multan and is physically environs of BlockE of Shah Rukn-e-Alam Colony Multan. c. That it is further apprehended that effluent and waste of the the City City shal shalll be disc discha harg rged ed into into the the NouNou-Ba Baha harr Canal without any treatment as it is adjacent to the impugn impugned ed Dispos Disposal al Statio Station. n. Even Even if, for the sake of argu ar gume ment nts, s, it is cons consid ider ered ed that that this this will will not not let let happen, it will definitely contaminate the water of the Canal. Canal. Notwi Notwiths thstan tandin ding g the above, above, it is very very rightl rightly y apprehended by the residents and stake Holders of the the Vici Vicini nity ty that that impu impugn gned ed Disp Dispos osal al Stat Statiion will will cont ontami aminat nate the the unde underrgro ground und wate waterr chan hannels, els, catc catchm hmen ents ts and and pipe pipeli line nes, s, as is the the case case with with the the other Disposal Stations of the city. d. That impugned Disposal Station will be a major cause of Air Pollution. As it will be the hub of major urban effluent and waste, it will definitely contaminate the ambient air. It is the foremost threat to the Complainant and to its fraternity as all the exports are based on the I.S.O and EURO certification and it is apprehended that these certifications will be refused to the Exporters of the Vicinity due to the impugned Disp Dispos osal al Stat Statio ion. n. Fo Forr the the same same re reas ason on,, Busi Busine ness ss Development Manager, Horticulture Development and Export Board, Lahore, requested the Respondents for the relocation of the same. e. That even otherwise, Sabzi Mandi is the main hub of supply of Vegetables and Fruits to the Multan City and its neighboring areas, construction of Disposal Station contiguous to it is against the common sense. Unwarranted exposure of foul smell and undesirable gasse gasses, s, whic which h will will be ulti ultima mate te cons conseq eque uenc nce e of the the impugned Disposal Station, will not only affect the life of the inhabitants but also be a serious threat to the consumers of the vegetables and Fruits so purchased therefrom. 8. That this is the first complaint of the Complainant before this august Court in this matter and the same is filed with having full knowledge of the fact and a proper locus standi.
4 9. There is no other efficacious and speedy remedy available to the the Co Comp mpla lain inan antt but but to invo invoke ke the the juri jurisd sdic icti tion on of the the Hon’ble Tribunal and the same is available under Section 21 Ss 3(b) of the Act of 1997 and is within the preview of this Hon’ble Tribunal.
In view whereof, it is most respectfully prayed that Respondent No 2, 3, 4 & 6 may kindly be directed to stop construction of the impugned Disposal Station and relocate the same. Respondent No 5 may kindly be directed to recall the the resum esumpt ptiion/a on/acc ccus usat atio ion n or orde derrs issue ssued d vide vide Notificat Notification ion No 830-D.O 830-D.O (R)/LAC (R)/LAC dated 02-10-2007 and Published on 22-20-2007 Respondents may kindly be directed to restore the enviro environme nment nt of the vicini vicinity ty and take take approp appropri riate ate measures for the future Conservation, rehabilitation, and improvement of environment of the vicinity. Respondent No 1 & 7 may kindly further be directed to examine the Project Feasibility Report and P.C-I of the Project to Control the Pollution to be caused by the the Disp Dispos osal al Stat Statio ion, n, and and ensu ensure re the the sust sustai aina nabl ble e development of Environment in the Area. Respon Resp onde dent nt No 3 & 4 may may kind kindly ly be dire direct cted ed to submit the E.I.A Report as desired in Clause “G” of Seco Second nd (II) (II) Sche Schedu dule le of Paki Pakist stan an Envi Enviro ronm nmen enta tall Protection Agency (Review of IEE and EIA) Regulations 2000. Any other relief this august court deems fit may also kindly be granted.
COMPLAINANT Through:-
Date 23-12-2008
Khalid Masood Ghani Advocate High Court Ghani & Associates
6-T, Masoom Shah Road New Multan.
