' In this case EPO was issued to Messrs Shaheen Foundry on 13-5-2008 directing the management to take following necessary measures for the control of environmental problem: "Adopt remedial measures to control high level of noise and fumes of organic solvents to the satisfaction of this Agency, otherwise stop the operation of pollution causing activities at the present site."
2. After expiry of mitigation period Mr. Naeem Iqlbal Inspector Environment, Okara was directed by the Agency to visit the site and furnish compliance status report of the unit. Accordingly a survey in this context was conducted on 3-7-2008 by him along with Mr. Ajmal, Field Assistant.
3. During survey it was observed that unit is not a foundry but it is an engineering based unit. The owner of the unit was contacted to ascertain his views about issues regarding remedial measures.
In response he stated that they are doing nothing illegal at the site.
4. Later on, the complainant Mr. Ahad Shakeel son of Mr. Shakeel was also contacted to get his views about status of the unit regarding remedial measures. He told at the spot that management of the unit is doing engineering works (cutting and welding) and sometimes painting outside the premises of the unit which are source of nuisance in the form of noise and fumes.
5. Present complaint was filed on 15-2-2009 and remained pending due to non-appointment of Chairperson till 16-7-2009 when the present Tribunal took over charge. Respondent was summoned for 12-8-2009 when he appeared along with his counsel and was directed to reply of the complaint which he did on 28-10-2009. Complaint was then adjourned to 1-12-2009 for framing of charge.
6. In reply of the complaint it is stated by the respondent that he carries on business of engineering works in his workshop which is not a foundry. Respondent does his business within the four walls of his workshop. No noise or any kind of fumes travel beyond its boundary wall. The area where the shop of the respondent is located falls in Niaz Market which is predominantly commercial. He has filed affidavits of several respectable shopkeepers of the vicinity showing that the area is commercial and that they have no complaint whatsoever against the respondent.
7. Respondent has further stated in his reply that he started his business in 1971. At that time the shop of the complainant was not there. He commenced his business of repairing electronics item like Radio and TV etc. In 1985. From 1985 till 2009 the complainant never raised objection against noise and fumes of the respondent factory. There are other shops in the vicinity which are doing the same business as that of the respondent but not a single such shop has been proceeded against by the Agency for causing adverse environmental pollution in the form of noise, nuisance and fumes.
8. On 11-1-2010 respondent appeared in person along with his counsel and stated that he has already complied with the directions of EPO and this fact can be ascertained by fresh inspection of the unit. The complainant was then directed to get the site re-inspected and report whether the area in which unit of the respondent is situated is commercial or residential and secondly that the improvements said to have been made by him are apparent and visible. The requisite Compliance Status Report dated 26-10-2010 of EPA was filed on 24-3-2010. Its copy was delivered to the respondent for perusal and filing objections. Objections against Compliance Status Report were ultimately filed on 7-10-2010 and the complaint was adjourned to 25-11-2010 for arguments which were finally heard on 9-2-2011 and the complaint was dismissed in the presence of the parties.
9. It will not be out of place to advert to the preliminary objections raised by the respondent against the final Compliance Status Report of, the unit. It is admitted in the report of the visiting team of EPA that the respondent unit is not a foundry. That there are many other units of such like nature as that of the respondent. That main road is at a distance of 25 to. 30 feet from Niaz Market. It is also mentioned in the report of EPA that ten foundries are working in the market. Niaz Market consists of workshops and foundries and this makes the area commercial.
10. The only ground for proceeding . Against the respondent unit is that it is causing noise pollution which is a source of discomfort to the complainant. Environment of the area is being degraded due to adverse fumes, smell from paint and from solid waste caused by grinding, cutting and welding.
However the test analysis of noise and fumes of organic solvents conducted by Deputy Director
(Lab) and Chief Analyst on 26-2-2010 reads as under.
"High noise is produced during operation of the unit inside the complainant shop from 73 dB(A) to 84 dB(A) which is a source of discomfort. No fumes of organic solvents were observed inside the complainant's shop."
' Levels of noise and fumes mentioned above are to be taken as within NEQS limits for the present unit which is located in a commercial area.
11. In view of what has been stated above no case of causing pollution has been made out against the respondent. In fact the complainant has miserably failed to prove its case against the respondent. Complaint is therefore dismissed.