I have heard Mian Ijaz Majeed Assistant Director (Legal) EPA and learned Law Officer. Brief facts of the case are that site inspection of unit was made on 22.05.2012 and the Inspector found the following violations: Discharge of untreated sewage. Emission of smoke, pollutant gases (Gusset Printing Process). Construction Phase NOC has been obtained but NOC for operational phase has net been taken obtained.
2. Notice of hearing was given on 22.05.2012 for 13.06.2012 that the unit had been found contravening the provisions of Act by following means: i. Discharge of untreated sewage ii. Emission of excessive smoke and pollutant gases. iii. Establishment of the unit in 2010 in violation of section 12 of the Act.
3. EPO dated 03.07.2012 was issued directing the respondent to comply the following directions within 30 days: i. Adopt remedial measures to treat wastewater in conformity with NEQS. ii. Take necessary measures for controlling emission of smoke and pollutant gases in conformity with NEQS. iii. Take necessary measures for regularization of violation of section 12 regarding establishment of the unit without environmental approval.
4. At page 14 of the complaint there is a Compliance Status Report of EPO by District Officer (Environment) Lahore who wrote a letter 1261 dated 30.08.2012 to Deputy Director (L&E) that the EPO had been complied with. It was observed that the compliance level of wastewater/emission is in conformity with NEQS may be assessed by stack emission/waste water analysis through EPA. The Compliance Status Report is as follows; Directions in EPO Current Position on 25.08.2012 i.Adopt remedial measures to treat waste water in conformity with the NEQSi.Septic tank has been constructed in the unit for waste water. ii. Take necessary measures for Controlling emission of excessive smoke, particulate matter, gaseous wastes and noise in conformity with the NEQS The emission meet the NEQS (report attached) Take necessary measures to Regularize the violation of section 12 of the Act ibid regarding commencing establishment of the Housing Society without obtaining environmental approvaliii.The proponent has already obtained Environmental Approval vide No, DD,
(EIA) / EPA / F-230(IEE)/ 2010 / Cir / 57 date 21.01.2011 (copy attached)
5. After this the EPA went in hibernation and after three years the Deputy Director (LAB) wrote a letter to the owner of the unit that EPA lab team visited the unit on 24.04.2015 to monitor the waste water and the test analysis report was forwarded. The sampling date was 24.04.2015. Learned Counsel for the respondent submits that since the violations of the EPO was complied with in 2012 therefore the Department with mala fide intention in sheer abuse of the authority, to keep the issue alive, made a lab report after 3 years and after the lab report sent this complaint in 2017. This Tribunal endorsed the arguments of learned counsel for the respondent. The violation of Environmental Laws as mentioned in the EPO issued on 2012 were complied with. The only remedy for the Department was to drop the proceedings at that time and if the unit of the respondent found in violation of Environmental Laws fresh legal actions could have been initiated against the respondent A in accordance with provisions of law. Assistant Director (Legal) is unable to answer satisfactorily any of these quarries of this Tribunal. At present the EPO was complied with way back in 2012 and it is the case of the EPA itself. There is no worth material even to frame a charge in this complaint what to say possibility of conviction therefore this Tribunal allow the application under section 265-K of The Code of Criminal Procedure 1898 (Act V of 1898) and acquit the accused Shafiqur-Rehman from the charge. If Department wants to proceed against the respondent they may conduct fresh SIR and if there are violations of any Environmental Laws found in the inspection Department may issue fresh EPO and then further submits a complaint before this Tribunal. The EPO issued on 03.07.2012 after its compliance is a close transaction. Consigned.