' RAUF AHMAD SHEIKH, J.---As the common questions of law and fact requiring adjudication are involved in the above mentioned nine appeals so these are being taken up and decided together.
2. The Director-General Environmental Protection Agency, National Hockey Stadium, Ferozpure Road, Lahore filed nine separate complaints against the appellants, who are running poultry farms in Tehsil Murree and were found responsible for polluting environment due to improper waste/poultry waste management resulting into emission of foul smell and offensive odour in the area. These poultry farms are near the Abadis of Dell: Schools and other dwelling places. The orders under section 16 of the Pakistan Environmental Protection Act, 1997 (hereinafter called PEPA, 1997) were passed whereby the appellants were directed as under:- ' Adopt remedial measures to control foul smell and arrange environment friendly disposal of poultry waste/solid waste in order to avoid pollution of surface water bodies in the area OR ' Stop operation of pollution generating activities.
3. A period of 15 days was given to them to comply with these ordeRs, They did not comply with the orders so the complaints were filed with the prayer that they be proceeded against under section 17 and allied provisions of PEPA, 1997. The learned Tribunal after receiving the reply, from the appellants, ordered them to shift their farms from the existing spots within time fixed in each case.
The representative of the Department was ordered to monitor the shifting process and if the poultry farms are not shifted or remain functional, these should be sealed and made nonoperational.
4. Learned counsel for the appellants has contended that the learned Tribunal has not proceeded in accordance with law and has decided the matter on the basis of the contents of the complaint alone. It is urged that the punishment provided under section 17 of the Act ibid is very heavy/harsh and can be imposed only after holding regular trial.
5.
5. On the other hand learned AAG for the Authority has contended that the impugned orders do not suffer from any illegality or infirmity. It is contended that the appellants are responsible for causing nuisance in the residential areas and are polluting the environment and posing danger to human life in the vicinity. The contravention of an order passed under section 16 is punishable under section 17(i), PEPA, 1997, which provides that the offender would be punished with fine which may extend to one million rupees and on continuity of the contravention with an additional fine of one hundred thousand rupees for every day. Under section 21(2) of the Act ibid the Tribunal has exclusive jurisdiction in respect of the offences punishable under section 17. In holding the trial of these offences, the Environmental Tribunal is vested with the powers of the Court of Session under the Code of Criminal Procedure 1898. In view of section 21(6) of PEPA, 1997 read with rule 13 of the Environmental Tribunal Rules, 1999, Code of Criminal Procedure applies to the proceedings before the Tribunal relating to the trial of these offences. The learned Tribunal did not try the appellants for the commission of the offence, which is against all the residents of the area. The object of severe punishment was to eradicate this evil but the order passed by the tribunal is more or less the repetition of the order of the agency. In fact the Tribunal being vested with the powers of Court of Session should have tried the appellants under Chapter XXII-A of the Code of Criminal Procedure.
The impugned order has not been passed after following the prescribed procedure and the punishment provided under section 17 of PEPA, 1997 has not been awarded to anyone of the appellants. The impugned orders are therefore not sustainable under the law. The appeals are accepted and the orders impugned through above appeals are hereby set aside. The cases are remanded to the Tribunal for de novo trial under Chapter XXII-A of the Code of Criminal Procedure.
The Agency would get the orders passed under section 16 implemented in letter and spirit in the meanwhile. They may also approach the concerned Magistrate for removal of nuisance under section 133, Cr.P.C. The learned Tribunal will decide the matter within shortest possible time without allowing any unnecessary adjournment.