Present appeal has been preferred against order dated 13.03.2019 whereby Environment Protection Agency granted environmental approval for construction of Multi-storey Educational Excellence (School Building) at plots Nos. 227-230. Block-A New Muslim Town Lahore.
2. Plots Nos. 227-230, Block-A New Muslim Town Lahore were reserved in Master Plan of Block-A for construction of education institution (earmark for the community school). The respondent No 4 purchased said plots in open auctions. The appellants who are resident of area and are living in the vicinity of complex their privacy is likely to be badly affected by the construction of multi-storey building. Apprehending the bad atmosphere the appellants made complaints and wrote letters to Environment Protection Agency to redress their grievance but no action was taken Lahore Development Authority conducted illegal auction of plots and thereafter allowed construction thereon. The impugned order has been passed without giving of opportunity of hearing to the appellants even though appellants are direct affectee of the project. The quality of life and their privacy is likely be violated by the project but while passing impugned order Environment Protection Agency has not considered this aspect. Impugned order is based on Initial Environmental Examination. The respondent agency acted upon in illegal manners without considering that Environmental Impact Assessment was required for multi-storey building. The increase in traffic will cause severe deterioration of social and econo mic conditions of area as well as increase noise and air pollution in the environment. Hence the present appeal.
3. Appeal was dismissed by our learned predecessor vide judgment dated 23.10.20 19. Appellants preferred appeal before Lahore High Court Lahore which was allowed vide order dated 29.01. 2020 and present appeal was remanded to Tribunal to decide afresh on merit in accordance with law .
4. Learned counsel for appellant contended that impugned order has been passed in violation of law without providing an opportunity of being heard to the appellants who are direct affectee of this project. By raising the multi- storey educational complex quality of life and community rights are going to be violated. Appellants approached agency but impugned order has been passed in violation of law without discussing of these facts and without hearing the appellant. The right of clean and healthy environment has been deprived while passing impugned order . The appellants have been left at disposal of proponent as under condition (x) of impugned order the proponent had to redress the grievance of neighbors/stakeholder which is not possible. Learned counsel for appellants relied on 2017 CLD 2772, PLD 2017 Lah. 1 and 2008 SCMR 468 .
5. On the other hand learned counsel for respondent No. 4 and learned Law Officer contended that plots in question was initially reserved for schoo l in Master Plan of New Muslim Town Lahore which has rightly been auctioned by Lahore Development Authority and respondent No. 4 being successful bidder was granted the same who after obtaining possession sought approval from Environment Protection Agency which has rightly been accorded in accordance with law on 12.03.2019. Thereafter respondent got approved the building plan from Lahore Development Authority on 11.04.2019, approval from Water and Sanitation Authority on 19.01.2019 and also obtained approval from Traffic Engineering Point on 19.02.2019. The respondent No. 4 has completed gray structure and construction is in progress which is in accordance with approvals accorded by the respondent No. 4.
Approval was accorded after observing the legal formalities which suffer from no legal infirmity . Impugned order is in accordance with law and liable to be maintained.
6. We have heard learned counsel for parties and perused available record.
7. It is an admitted fact between the parties that plots Nos. 227-230 were reserve d in Master Plan of New Muslim Town Lahore for construction of education al institution for community . Lahore Deve lopment Authority sold aforesaid plots in open auction which were purchased by respondent No. 4 being successful bidder . Possession of plots were delivered to respondent No 4. Respondent No. 4 after obtaining possession made application before Environment Protection Agency for seeking environmental approval. The matter was thorou ghly examined by agency and referred to Divisional Environmental Committee. Divisional Environmental Committee vide impugned order 12.03.2019 accorded environmental approval for construction phase under section 6 of Punjab Environmental Protection Act, 1997 subject to following conditions; i. The proponent shall ensure complianc e of Punjab Environmental Quality Standards (NEQS) and Rules and Regulations framed under the Punjab Environmental Protection Act, 1997 (Amended). ii. Mitigation Measures suggested in the IEE Report and Environmental Management Plan (EMP) and other supplementary materials made part of the record shall be strictly adhered to minimize any negative impacts on soil, ground water , air and biological resour ces of the project area besides maintaining record for verification of auditable adopted measures. iii. Monitoring shall be carried out during the entire period of the project activities. Monitoring reports shall be submitted to this of fice on quarterly basis. iv. The proponent shall not discharge untreated wastewater into surface water body . v. Design of the building shall be eco-friendly and the proponent will preferably use techniques to make the building environment friendly and energy ef ficient. vi. The proponent shall take measures to conserve water resources and biodiversity . vii. The proponent shall ensure that strict and efficient health and safety measures are in place for protection of workers backed by comprehensive emergency response system, viii. The proponent shall provide proper firefighting arrangements and emergency exist in the building and shall obtain clearance in this respect from Director General Rescue 1 122. ix. The construction site will be properly covered and cordoned of f and shall not place constriction material openly . x. The proponent shall redress the objection/concerns of neighbors/ stakeholder arose at any stage on priority basis. xi. The proponent must plant at least 1000 trees of minimum height 6-7 feet especially of indigenous species in consultation with this of fice and shall maintain its record besides tagging for verification at any stage. xii. The proponent shall follow building by laws and construction of the building including basements and height of the building shall be in accordance with plan approved by the competent authority . xiii. The proponent shall take measures for conducting seismic, structural and geotechnical analysis of the project site before involving in construction activities and shall take appropriate measures. xiv. The camping site by the contractor shall preferably be located within the construction site xv. The proponent 'shall adopt corrective engineering measures during the digging/ploughing stage specially in rainy season to avoid any adverse ef fects. xvi The proponent shall make proper parking arrangements as per approved plan and shall not convert the parking area to other use. xvii. The proponent shall provide a copy of IEE report and copy this Environmental Approval to the contractor also for his information and compliance of conditions/measures suggested in these documents. xviii. The proponent will ensure the safety of adjoining building during construction and operation phase. xix. The proponent will install standby power generator equipped with proper heighted chimney and sound proof canopy at suitable site/place for discharge of hot gases/smoke. xx. Arrangements shall be made for safe disposal of sanitary and solid waste. The solid wastes shall be retained within the unit boundary/premises and will be disposed off in an environment friendly way at a suitable approved disposal facility . Toilet/ washrooms will be maintained in an orderly and hygienic manner for public use xxi. The proponent shall commence construction after obtaining NOCs/approval from the concerned building control authority and other relevant departments. xxii. The proponent shall follow the SOPs regarding dengue larvae eradication and shall ensure removal of any stagnant water on daily basis.
6. The proponent shall be liable for correctness and validity of information supplied to this department by the environmental consultant.
7. The proponent shall be liable for comp liance of sections 7, 8 and 9 of the Punjab Environmental (Delegation of Powers for Environmental Approval) Rules 2017, Regarding conditions of approval, approval for operational phases, monitoring and compliance.
8. This approval is accorded only for the construction phase of the project. The proponent shall apply for approval for operational phase under section 7(3) of Punjab Environmental Protection (Delegation of Powers for Environmental Approvals) Rules, 2017 by submitting and certifying that all the conditions of approval and requirements relating to design and construction have been met and all the mitigation and other measures have been taken.
9. Any change in the approved project shall be communicated to this office/agency and shall be commenced after obtaining approval thereof.
10. This approval shall be treated as null and void if all or any of the conditions mentioned above, is/are not complied with This approval does not absolve the proponent of the duty to obtain any other approval or consent that may be required under any law in force and is subjudice to legal proceedings in any legal forum/court.
11. This approval can be withdraw at any time without any prior notice if deem necessary in the public/national interest.
8. The approval has been accorded for construction phase of project and proponent shall have to apply for approval of operational phase; Condition No (x) of impugned order reveals that proponent shall redress objections of neighbours/stakeholders at any stage on priority basis and proponent is bound to redress their grievances if any arising during construction of unit and if they have got any objection they are free to, approach Environment Protection Agency for redress of their grievances.
9. Respondent No 4 after obtaining environmental approval also approach other relevant agencies and obtained approval from Water and Sanitation Authority on 19.01.2019, approval from Traffic Engineering Point on 19.02.2019 and got the building plan approved from Lahore -Development Authority on 1 1.04.2019.
10. Both learned counsel for parties were asked to enquire from their client about present stage of construction at spot. Learned counsel for respondent as well as learned Law Officer informed that gray structure has been raised.
Learned counsel for appellant also endors ed that construction work at spot is in progress. The impugned order has been passed by Divisional Environmental Committee after observing all codal formalities. Approval has been only for construction phase of project which is in progress. The proponent has to apply for the approval of operational phase by satisfying that all the conditions and requirements fulfilled. Appellant had got every right to raise objection before authorities at the time of approval of operational phase. The impugned order contains the condition congenial to the environment which the respondent is bound to obey .
11. Admittedly the plots which were purchased by the proponent were reserved for school. After functioning of school the flow of traffic will increase in locality which will affect the environment but this effect has not been quantified or ascertained. Such apprehended affect may not be violative of fundam ental rights of right to life unless it is shown by placing incontrovertible material before Tribunal that same would lead to hazardous effects on environment and would seriously af fect human living.
12. The approval of project was granted by strictly complying with Punjab Environmental Protection act 1997 and regulations framed thereunder with conscious application of mind, considering all relevant material and attending circumstances. The project has neither contravened fundamental rights nor of human dignity . Case laws produced- by learned counsel for appellant is not directly applicable to facts and circumstances of this case.
13. In view of above discussions we are of considered view that impugned order is in accordance with law. The same is hereby maintained. Appeal is without merits. Same is hereby dismissed. File be consigned to Record Room.