Ch. Shabbir Hussain (Chairperson):--Succinctly, narrated the facts forming background of this private complaint are that the accused Bashir. Ahmed and Khushi Muhammad both sons of Sabir Ali designed and constructed Controlled Shed and Poultry Farm on the basis of wrong planning, miscalculated data and false feasibility; that during construction, the accused have not adopted precautionary and remedial measure, therefore, the citizens are compelled to face hazard: and adverse environmental affects like air pollution, raw material liquid waste, solid waste, noise pollution and adverse environmental affects by the polluted activities in the Poultry Farm; that excessive exposure of fly ash, raw material and bagasse dust may cause irritation to eyes, esthama and other respiratory diseases including bagassosis (a lung disease caused by inhalation of bagasse dust); that intensity of sound steam turbine and fans are so high and beyond the safe limits even outside the premises, which create environmental impact; that raw material is being spread in the vacant area of the locality, where the people have residential houses; that unpleasant smell emitted from the Poultry Farm Shed and waste water is very dangerous for human health; that the accused are carrying on the Controlled Sheds and Poultry Farm without IEE and EIA, hence violated the provisions of Section-12 of Pakistan Environmental Protection Act, 1997 and are liable to .be punished under Section-17 of the Act ibid; that as the Controlled Sheds and Poultry Farms are totally environmental hazards, the EPA is therefore deemed to take appropriate action to restrain the accused to carry out the same, otherwise not only the complainant, but community and general public of the area shall suffer an irreparable loss and injury; that proponents did not consult the residents, stakeholders, nor any objections called or entertained before constructing the said Controlled Shed and Poultry Farm; that the accused did not take care of the environment and the existing municipal services, hence, causing environmental pollution in the adjoining area, which ultimately cause damage to health, loss of property, mental agony and injury to the complainant and other residents of the area, therefore, the complainant being aggrieved person served EPA witn notices and after 30 days came up with this complaint as EPA failed to take required action. The complainant prayed that the Controlled Sheds and Poultry farms owned by the accused may be declared environmental hazards, necessary legal action for violation of Section-12 of PEP, Act, 1997 and IEE/EIA Regulations, 2000 may also be initiated against the accused to be punished in accordance with the law. Moreover, the accused be directed to immediately shut down the Controlled Shed and Poultry Farm.
2. The accused namely Bashir Ahmed and Khushi Muhammad both sons of Sabir Ali filed written reply asserting therein that' they had constructed Controlled Shed in the name and style of M/s. Bashir Semi Controlled Shed, Mouza Dogal, Tehsil Phalia, District Mandi Baha-ud-Din by observing all codal formalities under the provisions of the PEP Act, 1997 as well as rural and regulations there under; that there is no excessive exposure of fly ash, raw material and bagasse dust due to semi controlled shed; that the complainant failed to produce any cogent evidence to substantiate his claim that intensity of sound steam turbine and fans is exceeding permissible limits of National Environmental Quality Standards (NEQs); that no material is being spread in the vacant adjacent area to the Controlled Shed and there is no complaint from any neighbors regarding this issue. The adjoining and surrounding land belong to the accused. The accused have adopted all necessary measures and directions given by the Punjab Environmental Protection Agency (EPA); that the accused had applied for environmental approval before Punjab Environmental Protection Agenc y (EPA) on 17.11.2012 prior to institution of this complaint, therefore, submission of mandatory IEE report as required u/S. 12 of the Act read with IEE/EIA Regulation, 2000 and after review of IEE report by Review Committee of Punjab Environmental Protecti on Agency (EPA). The Punjab Environmental Protection Agency (EPA) had issued environmental approval on 07.01.2013. The accused raised a number of objections including, no locus standi to file the instant complaint, under the provisions of PEP Act, 1997.
It is submitted by the contesting accused that the complaint is based upon the malafide intention and ulterior motive and personal enmity of the complainant with the accused. The accused is requested for dismissal of this private complaint; taking into consideration complaint along with other documents on record, on 14.04.2014, the accused Bashir Ahmed and Khushi Muhammad were indicted with the relevant charges, the accused did not confess guilty rather preferred to face trial, therefore, complainant was directed 'to produce evidence. The complainant examined to witnesses and himself appeared as PW-I. Moreover , he placed on record a number of copies of documents.
After recording evidence of the complaint, the statements of the accused as required u/S. 342 Cr-P.C. were recorded, wherein they denied the so called incriminating evidence put to them in reply to the question, why this case, it was candidly submitted by the accused as there is long standing enmity and litigation both civil in nature criminal, and by the complainant against the accused; that the PWs are inimical witnesses, hence, they made false statements in support of a false complaint. The accused also placed on record documentary evidence, but opted not to appear their own witnesses as provided u/S. 340 (2) of Cr-P.C. The argumen ts of the learned counsel for the complainant as well as defence counsel heard. Record on file perused, our observations/findings regarding the charges against the accused are as under: Muhammad Asif complainant as PW 1 categorically retreating his version embodied in the complainant deposed on oath that one month before moving the complaint, he made a verbal request that exhaust fan were emitting bad smell, the accused reluctantly promised to do the needful, but in vain. Therefore, he moved an application before Tehsil Municipal Officer, Phalia, who directed the accused to construct a wall 50'x10' which was not constructed; that he move a complaint to District Coordination Officer, Mandi Baha-ud-Din who remained unable to take any action, whereupon, he moved an application before the District Officer (Environment), Mandi Baha-ud- Din, being dissatisfied from the DO (E), he served accused with notice and came up with this complaint exhibit P-L; that the accused are violating environmental laws, therefore, they should be punished in accordance with the law. PW-2 is Ghulam Hussain, a resident of Mouza Dogal at a distance of 4 acres from the Controlled Shed.
PW-2 similarly stated that due to exhaust fans, there is a bad smell, which is adversely effected them; that the accused be directed to remove Controlled Shed, as one thousand people are living, around the controlled shed at a distance of 1 acre; that as the accused are violating the environmental laws, hence, he should be punished; PW-3 is Muhammad Iqbal also resident of the area, who deposed that his house is at a distance of 300Ft from the Controlled Shed of Bashir Ahmed and Khushi Muhammad; that the controlled Shed of Muhammad Younis is at a distance of 60ft from (PW-3) his house; that there are exhaust fans in the controlled shed, which open towards, his house emitting bad smell, adversely effecting him and his family members as well as people of the abadi comprising of 50/60 houses; that the accused may kindly be directed to remove the Controlled Shed. The complainant has placed on record documentary evidence. The complaint has been exhibited as exhibit P-L. Photo state copies of the complaint/notices addressed to the Director General, Environmental Protection Agency Punjab is Exhibit P-C. Exhibit PC to PE are photo state copies of the complaint/notices addressed to Director General, Environmental Protection Agency Punjab, Lahore, Exhibit P- F and P-G are acknowledgement due card, Exhibit P-H to P-K are postal receipts; Exhibit P-0 is a copy of complaint plain titled Bashir Ahmed vs. Muhammad Asif and 14 others, Exhibit P-N is a copy of written statement, Exhibit P-0 is a copy of site-plan, Exhibit P-P is a copy of application moved by Muhammad Asif addressed to TMO Phalia, Exhibit P-Q is original Shajara Killa Bandi of Mouza Dogal, Exhibit P R is a copy of complaint addressed to DO(Env.), Mandi Baha-ud-Din; The complainant has also appended with the complaint a number of affidavits out of which only 2 deponents step forward to make statements before this Tribunal as PW-2 and PW-3, The accused have also placed on record a number of documents. Exhibit D-A is a copy of plaint titled Khushi Muhammad vs. Muhammad Younis etc. Exhibit D-B is also a copy of plaint titled Muhammad Younis and one another vs. Bashir Ahmed and 2 others, Exhibit D-C is a copy of written statement by Muhammad Younis and Muhammad Asif (the complainant and his brother) Muhammad Younis who has been arrayed as the Accused No. I Exhibit D-D is a copy of plain titled Muhammad Younis and Muhammad Hafeez and 4 others, Exhibit D-E is a copy of statement of Muhammad Younis according to which he has leased out of his Poultry Farm to Bashir Ahmed, Exhibit D-F is a copy of plaint titled Khushi Muhammad V.
Muhammad Younis, Exhibit D G is a copy of written reply by Muhammad Asif and Muhammad Younis, Exhibit D-H is a copy of complaint moved by Muhammad Asif addressed to TMO, Phalia, Exhibit D-1 is a copy of plaint titled Haji Sabir Ali vs. Muhammad Younis and Muhammad Asif, Exhibit D-J is a copy of written reply filed by Muhammad Younis and Muhammad Asif, Exhibit D-K is a copy of report u/S. 173 Cr-.P.C, Exhibit D-L is a copy of application for physical remand of accused Muhammad Younis and complainant Muhammad Asif, Exhibit D-M is a copy of FIR No. 305 dated 17.08.2012 registered at the instructions of Khushi Muhammad against the complainant and his brother Muhammad Younis accused, Exhibit D-O is a copy of plaint titled Khalid Muhammad Younis vs. Sabir Ali, Exhibit D-1 is a copy of plaint titled Haji Sabir Ali vs. Muhammad Younis, Exhibit D-P is a copy of application for implementation of order moved by Muhammad Younis against Khushi Muhammad and Bashir Ahmed, Exhibit D-Q is a copy of application moved by Muhammad Younis Khalil vs. SHO addressed to Additional Session Judge, Phalia, Exhibit D-R is a copy of order sheet dated 14.05.2014, Exhibit D-S is a copy of Kalandra u/S. 107 & 105 Cr-.P.C, Exhibit D-T is a copy of plaint titled Muhammad Younis and 4 others vs. Bashir and 4 others, Exhibit D-U is a copy of affidavit by Haji Sabir Ali for issuance of NOC, Exhibit D-V is a copy of Jama Bandi, Exhibit D-W is a copy of Goods Forwarding Ageney, Exhipit D-Y is a copy of Environmental Protection Order dated 07.01.2013 regarding environmental approval of operation phase, Exhibit DX is also copy of environmental approval dated 07.01.2013 regarding construction phase.
4. The Charges against the accused Bashir Ahmed and Khushi Muhammad are firstly running Controlled Shed Poultry Farm without environmental approval as required u/S. 12 of the Pakistan Environmental Protection Act, 1997 as amended in 2012. Secondly, Controlled Shed Poultry Farm is discharging/emitting effluents/waste/ air polluted, noise pollution in an amount/concentration or level with are in excess of NEQs. The complainant produced neither any documentary evidence, nor any oral evidence whereas on the other hand, the accused placed on record. Copy of environmental approval Exh. D-Y dated 07.01.2013, according to which after review of the Initial Environmental Examination (IEE) and other relevant record, the Environmental Protection agency, Punjab has decided to accord approval of construction of M/s. Bashir Poultry Shed, to safe guard environment of issues at the site subject to specified conditions, Exh. D-Y is copy of environmental approval (Operation Phase) dated 01.08.2013. Environmental approval was never recalled back/cancelled by the Environmental Protection Agency Punjab, hence the charge against the accused is absolutely baseless, unfounded, false and frivolous even to the knowledge of the complainant, hence answered in negative against the complaint.
5. The National Environmental Quality Standards (NEQs) for liquid, solid, industrial gasses omissions has been notified as standard parameters to settle where there was any pollution generating activities being done in any industrial or Commercial unit. In the present complaint, no Laboratory Test, what so ever it may be, was ever held and got conducted by the complainant through some Authorized Laboratory Establishment of charge regarding waste and noise pollution, adversely effecting the complainant and other residents of the locality, even the statements of PWs taken for granted do not lend any support to the charge against the accused, because neither any one of them is an expert to judge the pollution being created by the Controlled Shed of the accusdd and nor any one of them made any statement, what type of pollution was being created by the controlled shed/poultry farm owned by the accused. There is not even a single line in the statements of the PWs to lend direct and indirect support to the charge of pollution against the accused. The Environmental Protection Agency never found the unit in question violating any provision of the environmental law.
6. From plain reading of the evidence on record, it is crystal clear that complainant is a real brother of the accused Muhammad Younis. Both complainant and Muhammad Younis with some ulterior motive brought this complaint. It is an admitted fact that the complainant and his brother Muhammad Younis had already constructed a Poultry Farm, which was leased out to the accused Bashir Ahmed and Khushi Muhammad. The dispute arose between complainant party and the accused Bash ir Ahmed etc., which culminated into a chain of civil as well as criminal cases, which most probably inspired the complainant with ulterior motive and mala fide intention to bring the complaint which in want of evidence. The complainant miserably filed to establish any of the charges against the accused, which are obviously false, and frivolous even to the knowledge of the complainant, hence, this complaint is dismissed.
Copes of this judgment be supplied/sent immediately to all concerned for their information and compliance. File after completion be consigned to the recorded room.