1. ' Upon a complaint filed by Mr. Zia Ullah complainant against the Chief Executive of Messrs Chanab Lubricants situated at Chakri near Wadala Sandhuan, Gujranwala Pasroor Road, Tehsil Daska District Sialkot for causing environmental pollution, a survey was conducted by the District Officer (Environment) Sialkot. On receipt of his Site Inspection Report it was decided by the EPA to initiate proceedings against the respondent unit through its Chief Executive. Accordingly notice for personal hearing was issued to him under section 16 of PEPA, 1997 requiring him to appear before the Director (North/P and C), EPA, Punjab in person or through a counsel or authorized representative on 27-10-2008 and file written reply of the complaint.
2. ' Instead of waiting for the end result of the Agency's proceedings, the complainant rushed to this Tribunal and filed the present complaint on 13-4-2009.
3. ' In response to the notice issued to the Chief Executive of the respondent unit he entered appearance on 20-10-2009 along with his counsel and copy of the complaint was delivered to him for filing its reply.
4. ' On 14-12-2009 learned counsel for respondent No,1 filed reply of the complaint and delivered its copy to the complainant's counsel wherein he took up the plea that the complaint in its present form is not maintainable. Arguments were heard on this point on 30-3-2010 and the complaint was firstly adjourned to 13-5-2010 for orders and thereafter to 17-6-2010, 28-7-2010, 29-9-2010, 4-11-2010 and 30-4-2011 (today) on the grounds of rush of work, accelerated disposal of cases older than the present one, institution of 82 fresh complaints filed by the DG EPA in which the Supreme Court of Pakistan was pleased to order day to day hearing and six hundred more complaints of Rawal Dam and stone crushers of Taxila were filed by DG EPA Pak and EPA Punjab which were to be given priority over other pending cases.
5. ' It was argued by the learned counsel for respondent No,1 on 30-3-2010 that the complainant never served mandatory notice of 30 days on DG EPA, Punjab as required by section 21(3)(b) of PEPA, 1997. Due to this nonobservance of codal formalities this complaint is not maintainable.
6. ' For the reasons stated above this complaint is not maintainable and is hereby dismissed. Issue notices of announcement of orders to the complainant and respondents for 6-6-2011.
7. Complaint dismissed.