The court said the purpose of the Act of 1997 is to protect, conserve, rehabilitate and to improve the environment.
The Lahore High Court observed that the provincial Environmental Protection Agency (EPA) is empowered to enter and inspect a place under authority to search warrant, having reasonable ground to believe that an offense damaging the environment is being committed.
Provincial EPA is an executive agency of the Government of Pakistan managed by the Ministry of Climate Change.
The court passed these observations in a petition of a brick kiln owner Nemat Ullah Khan and said the agency, instead of following the procedure, provided under the law, has taken extreme steps against which interim relief was granted and as a result the intent and purpose of the law is frustrated.
The court disposed of the petition and directed the respondent agency to provide the opportunity of hearing to the petitioner and an order, if required, be passed under Section 16(1) of the Act of 1997.
The court said the purpose of the Act of 1997 is to protect, conserve, rehabilitate and to improve the environment. Environment and consequential climate change is now the biggest threat globally and Pakistan is ranked with the most vulnerable countries. Cities like Karachi and Lahore are on top of the most polluted cities in the world, the court added.
The court said if zigzag technology is not being used by brick kiln owners, the agency can pass an order by calling the responsible person or by visiting the premises, where violation is being committed. The court said the agency can direct the person to take appropriate measures as prescribed in Section 16(2) of the Act of 1997.
The court said if such orders in writing is violated, the anti-environmental activity should be stopped for a specified period or permanently. In case of further violation, criminal action should be taken against the owner or responsible person violating the directions, the court added.
The court, however, observed that if proceedings are not in accordance with law, the aggrieved person has remedy before the environmental tribunal. The petitioners being owners of brick kilns were aggrieved of imposition of penalty and proposed sealing of business premises for alleged violation of using old technology (‘BTK’) instead of approved ‘zigzag’ technology.
Originally published at Business Recorder