The respondent accused Sheikh Yousaf son of Sheikh Jilal Din is facing trial before this Tribunal.
2. Brief facts of the case are that fifty five tanneries units were inspected for violation of sections 2 and 11 of the PEPA, 1997 in District Sialkot. Unit Sheikh Yousaf Leather Works is situated at Haji Pura Road, Pul Aik Sialkot and is equipped with machine like drums/shaver/tower and splitting etc. Animal hides are the raw material and with the process of washing/splitting/shaving/buffing and cutting the final product is leather. The unit was creating liquid and solid waste and untreated waste water was reported being discharge into the open drains/open plots along with road sides. It was further reported that adverse environmental impact was created in the form of air, water and land pollution. Solid waste, as already mentioned. was disposed of in open areas. The chrome.
HSO, Sodium By Carbonate, NaS, Lime, Aluminum Sulphate and Sodium Bi-sulphate were being used by this unit and recommendation were made that the tannery was to be proceeded against under sections 16 and 17 of the Pakistan Environmental Protection Act, 1997.
3. Notice of hearing was given on 20.08.2010 with a direction to appear before Director (North/P&C)
EPA Punjab on 26.08.2010 with further directions to bring documents in support of his stance regarding planning about installation of waste water treatment system in conformity with NEQS or availing facility of proposed common effluent treatment plant by establishing the unit at Sialkot Tannery Zone.
4. EPO was issued on 14.12.2010, 06 months time was given to comply the following; i. Install Effluent Treatment Plant to treat liquid effluents/waste water in conformity with the NEQS and to satisfaction of this Agency or2 4 2 ii.Stop operation of pollution generating activities.
5.Non-compliance was reported on 14.12.2010 thereafter the complaint was filed before Federal Environmental Tribunal in February 2012. After 18th amendment in the Constitution of Islamic Republic of Pakistan environment became provincial subject and Government of the Punjab enacted Punjab Environmental Protection Act, 1997 (amended in 2012) by amending the Federal Statute.
6. Before this Tribunal case was taken up for the first time on 30.11.2013 and the respondent was summoned. Then the case was adjourned for about 46 dates. Ultimately accused was charge sheeted on 23.02.2018. He pleaded guilty to the charge got recorded a separate confessional statement but on 15.03.2018 it was observed by the Tribunal that since the complaint was filed before Federal Environmental Tribunal in February 2012 whether copies were delivered to the respondent in terms of section under section 265-C, Cr.P.C. is not known because the interim orders were not sent while transferring this case to this Tribunal. Therefore the copies were delivered to the respondent and accused was again charge sheeted under section 17(1) of the PEPA, 1997 (as amended in 2012). The accused again pleaded guilty to the charge. He desired to make a separate statement which was recorded on 22.03.2018 as under: "I am the Chief Executive/owner of Sheikh Yousaf Leather Works Sialkot. It came to the notice of EPA that a survey was conducted by District Officer (Environment) Sialkot and operation of my tannery causing pollution to the environment and causing adverse effect by discharging of untreated effluent and waste waster and that exceed the NEQS. There was no system installed for proper disposal of waste water. Thereafter EPO dated 14.12.2010 was issued to the tannery and I was directed to comply the directions mentioned therein within six months. I also failed to comply those directions and I was proceeded against and instant complaint was filed against me. I have already stopped the operation of my tannery since 2011."
7. The accused has pleaded guilty to the charge. He admitted that his tannery was found causing pollution to the environment creating adverse effect by discharging of untreated effluent and waste water exceeding the NEQS. There was no system installed for proper disposal of waste water.
He also admitted that he failed to comply with the D directions of EPO. He prayed for lenient view.
8. The respondent has admitted the allegations and therefore admitted facts need no proof. This Tribunal has to see what offence the respondent is committing for the last eight years. The accused has stated. in his confessional statement that he has stopped the operation of the tannery. This Tribunal requisitioned the fresh Site Inspection Report which was received. The report was sent by Deputy Director Environment Sialkot, it revealed that Muhammad Fayyaz Inspector conducted survey of the unit on 07.03.2018 at 11:25 a.m. Sheikh Muhammad Yousaf and his son Sheikh Muhammad Idrees were present at the time of visit and the unit was in operation. The unit had installed one drum having electric motor 4 HP, one air compressor and one Chakrram machine in the premises of the said unit discharging waste water without treatment. The report is Mark-A with pictures of the unit. Therefore this stance of the respondent is also negated that he had stopped the operation of the unit.
9. There were two directions in the EPO. Either to install treatment plant in conformity with NEQS or stop operation of the pollution generating activities. In the notice of hearing it was also mentioned that in the alternate, the accused may avail the facility of proposed common effluent treatment plant by establishing the unit at Sialkot Tannery Zone. Respondent has placed on record copy of the allotment letter Mark-B and submits that his son Anees Yousaf Sheikh applied for the plot on 28.02.2009 and the plot measuring one kanal is allotted to him in 2016 in Sialkot Tannery Zone situated on Khambranwala Kalowal Sialkot. In view of the allegation and admission of the accused the provisions of section 16 of PEPA 1997 (as amended in 2012) are violated as the respondent unit had not complied with the directions given in the EPO which is punishable under section 17 of the PEPA 1997 (as amended in 2012).
10. Therefore the respondent found guilty for violating section 16 of the ACT punishable under section 17 of PEPA, 1997 (as amended in 2012).
11. The SIR was conducted on 03.07.2010. EPO was issued on 04.12.2010. Article 12 of the Constitution of Islamic Republic of Pakistan is reproduced as follows; 12 (1) No law shall authorize the punishment of person--- (a)for an act or omission that was not punishable by law at the time of the act or omission; or (b)for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
12. In 2010 the penalty for contravention of section 16 punishable under section 17 of PEPA, 1997 entailed punishment of one million rupees. Punjab amendment was made on 28.04.2012 enhanced the punishment of fine to Rs, 5 million by virtue of Punjab Environmental Protection (Amendment)
Act, 2012 Act (XXXVI) of 2012. The accused is liable for punishment of fine at the time prevailing in 2010 as mandated by Article 18 of the Constitution reproduced supra. The accused never challenged EPO at any forum as stated by him. Therefore respondent Sheikh Yousaf is convicted in the offence under section 17 for violating the direction under section 16 of the Act ibid. As far as the quantum of fine concerned since the accused has made confession and placed himself at the mercy of Tribunal with further prayer of a lenient view this Tribunal keeping in view the duration of causing damage to environment by discharging untreated waste water, allotment of plot in Industrial Zone sentence of fine of Rs.500,000/- (Rupees Five Hundred Thousand) will meet the ends of justice. The fine shall be paid by the accused Sheikh Yousaf within a period of 30 days failing which provisions of 386, Cr.P.C. will be invoked against the respondent. The accused is present before the Tribunal. He has been given copy of this judgment free of cost.
13. Before parting with this judgment the Agency is duty bound to visit the site to make cognizance of any continues contravention and to proceed further in accordance with law.