' By this judgment we intend to dispose of the present appeal filed under section 22 of the Pakistan Environmental Protection Act, 1997 by the Appellant Coca Cola Beverages (Pakistan) Ltd. Against the Environmental Protection Order dated 27-8-2010 passed by the Director-General; Environmental Protection Agency, Sindh, Government of Sindh.
2. The facts in brief as stated in the appeal are that the Appellant is Public Limited Company, having its beverage manufacturing factory at Plot No,D-51, SITE, and Karachi. It is the case of the appellant that its beverage manufacturing factory has wastewater treatment plant at site and the Plant effluent is collected and treated in the treatment plant before its discharge into the sewerage system. The appellant has a Quality Control laboratory to monitor water quality and its conformance to the National Environmental Quality Standards; it is fully complying with the Self Monitoring and Reporting Rules 2001 for compliance of NEQS. Though sewerage treatment facility for the SITE and adjoining areas at Gutter Bagheecha is currently not operational, but the appellant's factory did not produce any solid waste but it produces only municipal waste, which is disposed of properly and the wastewater is .Discharged in the main sewerage system of SITE after due treatment.
3. It is the case of the appellant that on 6-4-2010, a team of the respondent visited the appellant's premises and took a sample of the wastewater. Thereafter on 30-6-2010, the respondent had directed the appellant to provide a report about the Air emission of the generator sets along with wastewater report. In the meanwhile, the appellant had already obtained a Test Report by the SGS Pakistan Private Limited issued on 14-4-2010 and provided to the respondent on 17-6-2010. In accordance to this Report, out of thirty two (32) parameters of NEQS, the appellant was complying thirty (30) parameters.
4. It is further the case of the appellant that on 11-8-2010, the appellant received a Notice under section 16(1) of the Pakistan Environmental Protection Act, 1997 from the respondent alleging that the result of wastewater quality parameters of the appellant were exceeding the permissible limits of NEQS which is in contravention of section 11 of the Pakistan Environmental Protection Act, 1997 along with Test Report dated 14-4-2010 by the PERAC Research and Development Foundation (PRD) for water sample taken by the respondent. That on 23-8-2010, the Senior Officials of the appellant appeared before the respondent and explained the measures taken by the appellant for environmental protection and to comply with the NEQS. The appellant also referred to a Test Report dated 14-4-2010 issued by SGS Pakistan. The appellant also submitted that the effluent treatment plant is very expensive and requiring huge space. The Government of Sinah has also directed the Karachi Water and Sewerage. Board (KW&SB), for preparation of PC-I. For establishment of four (4) effluent treatment plants in each industrial area of Karachi. It was also informed by the appellant that 59 acres plot in Port Qasim area is in the process of setting up a huge state-of-the-art factory.
5. It is alleged by the appellant that in utter disregard of appellant's explanations, elaborations and assertions, the respondent. Acting in a harsh manner issued Environmental Protection Order dated 27-8-2010 directing the appellant to immediately stop the production process of the factory. Hence the present appeal. It is prayed by the appellant that the impugned order dated 27-8-2010 may be set-aside being void and illegal.
6. The respondent in the present appeal has filed its para-wise comments stating therein that the appellants beverage manufacturing factory is causing severe pollution, the team of SEPA inspected the factory on 6-4-2010 and sent the samples for test and result of samples were found in excess of NEQS. The appellant failed to comply with the National Environmental Quality Standards and no efforts were made for eradication of pollution, as the appellant is discharging wastewater without in-house treatment into the domestic sewerage. Though the respondent provided the opportunity of personal hearing to the appellant but the appellant failed to satisfy the respondent, hence respondent A issued Environmental Protection Order under section 16(2) of Pakistan Environmental Protection Act, 1997, as per law. Since the appellant is discharging polluted wastewater, which is affecting human life of the surrounding area and ecological system of the vicinity, therefore, Environmental Protection Order dated 27-8-2010 has been issued in accordance with law and thus the appeal is liable to be dismissed.
7. R&Ps in the present appeal were called, which were submitted by the respondent on 30-11-2010.
On 11-12-2010 the learned counsel for the appellant submitted Site Layout Pian Flow Chart and EMP outline. On 23-2-2011 the learned counsel for appellant moved application for grant of six months time for completing the proposed plan to ensure adherence to the Environmental Management Plan (EMP).
8. We have heard the learned counsel for both the parties. The learned counsel for the appellant has argued that the impugned order is selective and discriminatory wherein the appellant has been targeted out of thousands of factories working in the province of Sindh without any treatment of effluents. The appellant has its own wastewater treatment plant, whereas the majority of industries in Karachi have no such plant. The Government of Sindh is already in process of establishing 4 combined effluent treatment plants in Karachi, therefore the appellant cannot be held liable for the failure of the Government of Sindh in managing the Gutter Bagheecha sewerage plant. During course of arguments he has also pointed out procedural lapses committed by respondent and has argued that there has been gross violations of sample Rules .2001 therefore the EPO is liable to be set aside. On the other hand learned DDPP appearing on behalf of SEPA has argued that the appellant beverage manufacturing factory is causing severe pollution. It is neither complying self monitoring rules 2001 nor discharging wastewater after in-house treatment. The opportunity of personal hearing was afforded to the appellant and thereafter EPO was issued in accordance with Law. The production is directly linked with the discharge of wastewater and if the production is not stopped pollution cannot be controlled.
9. We have considered the arguments advanced before us and have gone though the case record.
The perusal of record reveals that the appellant along with the appeal has annexed a copy of test report dated 14-4-2010 conducted by SGS Pakistan (Pvt.) in respect of liquid effluent discharged by Coca Cola Pvt. Ltd. And as per this report beside the other parameters the result of BOD and COD are as under:-- Sr. ParametersMethod Unit Ldl Test ResultsLimits as per NEQS 3 Biochemical Oxygen Demand BOD @ 20CAPHA- 5210 D mg/l2.0 662662 80 4 APHA- 5210 Dmg/l 5.0 1392 150
10. Whereas the respondent has also got conducted the test of wastewater sample of appellant factory and such report dated 14-4-2010 is on record it shows the result as under:-- TEST METHOD TEST PARAMETERS Coca-Cola BaveragSpec Control Limits D-1293 pH @ 25 C 5.88 6 - 9 APHA-507 Biochemical Oxygen Demand (BODs), mg/L210210 80 D-1252Chemical Oxygen Demand (COD), mg/L787 150
11. From perusal of above reports it is evident that the BOD and COD in both the test reports are in excess of National Environmental Quality Standards (NEQS). Rather as per result of SGS Lab report the results are on much higher side as compared to report of Perac Lab against the prescribed limits of National Environmental Quality Standards (NEQS). The learned counsel for the appellant was also asked to clarify this position but he failed to give any satisfactory reply rather he conceded that violation of National Environmental Quality Standards (NEQS) is established as per the report of SGS Laboratory produced by the appellant itself. It is also important to notice that as per industrial monitoring survey questionnaire/general information acquired from appellant the daily requirement of fresh water of appellant factory is 3,50000 liters (approx) and the generation of daily discharge of waste water is 250,000 liter which as per case of respondent is being discharged since 1996 and thus causing severe pollution affecting the human life of the Surrounding area and ecological system of the vicinity. As mentioned earlier the appellant has also moved an application for grant of six months time to complete the proposed plan of Environmental Management Plan (EMP). The perusal of case record reveals that earlier the appellant itself in letter dated 21-10-2010 addressed to D.G. SEPA has given time frame for implementation of wastewater management plan by March 2011. In such circumstances there appears no justification to grant another period of six months as prayed in the application.
12. In the light of discussion made above we are of the opinion that since the violation of National Environmental Quality Standards is established rather admitted therefore the present appeal merits no consideration and is dismissed accordingly.
' Announced in open Court.
' Given under our hand and seal of this Tribunal on this 25th day of March, 2011.