AHMAD NADEEM ARSHAD, J. Through this appeal under section 23 of the Punjab Environmental Protection (Amended) Act, 2012 appellants Messrs Iqbal Mining Company and others (appellants) have challenged the wires of judgment/order dated 25.02.2019 passed by the Punjab Environmental Tribunal, Lahore (appellate tribunal). The operative para of which is reproduced as under:- "Riffat Iqbal also filed a Writ Petition No.13919 of 2014 titled Riffat Iqbal v. Secretary Mines and Minerals Department, and others and Hon'ble Lahore High Court, Lahore vide judgment dated 28.01.2016 directed Director General Mines and Mineral to conduct a fresh inspection of the land of the petitioner to ascertain whether the water channel has been built and completed in terms of order dated 30.04.2012 and also conduct fresh analysis of the land of the petitioner with respect to soil fertility from approved laboratory and respondent No.1 should pass a final order in the light of the aforementioned reports. In compliance of the order of Hon'ble High Court, Lahore Director General EPA conducted a survey on 21.06.2016 and prepared lab report dated 30.06.2016 is available on record which reflects that Total Dissolved Solids (TDA), Total Suspended Solids (TSS) and Chlorides exceeded the NEQS. Therefore, EPA took cognizance of the matter and issued EPO.
Whether the Secretary, Mines and Mineral passed any fresh order in compliance of the directions of Hon'ble Lahore High Lahore is now known as no order passed by Secretary Mines and Minerals is available on record. EPO itself suggests that untreated waste water of coal mine is discharged into local drain and low lying areas and piles of coal debris of mine and rain water may affect the nearby soil adversely. There is also violation of section 11 including 12 for not obtaining Environmental Approval/ submitting IEE in terms of Hon'ble Lahore High Court's direction.
15. Lab. Analysis report of the waste water is also available on record. The compliance of the directions in the impugned EPO dated 20.04.2017 are simple and will improve Environment by controlling the pollution. In the circumstances impugned EPO dated 20.04.2017 does not need intervention by this Tribunal. Appeal is hereby dismissed."
2. Learned counsel for the appellants when confronted as to how appellants are aggrieved of the impugned judgment as suggestions contained in the letter/order of Deputy Director (R&D/Licensing Authority dated 20.04.2017 have been upheld by the Punjab Environmental Tribunal, Lahore with an observation that these measures would improve the environment by controlling the pollution of the area, he argued that under section 16 of the Punjab Environmental Protection Act, 1997 (Act, 1997) the Authority could have directed for mitigation instead of passing order for establishing treatment of solid waste management plan. He further argued that appellants started mining as per lease holding rights much prior to the promulgation Act, 1997, therefore, condition of environmental approval contained under sections 11 and 12 of the Act, 1997 is not applicable upon the appellants.
3. Conversely, learned Assistant Advocate General while supporting the judgment of the Appellate Tribunal submits that direction of adopting measures as per section 12 of the Act, 1997 pertains to submission of IEE which is legal and justified. He further submits that renewal of the lease holding rights was obtained by the appellants on 29.09.1999 when environmental approval tinder section 12 was required. Further contends that lease holding rights had expired on 28.09.2019, therefore, appellants are no more lease holder under the mining laws, however, are continuing the mining of coal on the pretext of this appeal.
4. We have heard learned counsel for the parties at length and perused the record with their able assistance.
5. So far as first ground is concerned the mitigation as sought by learned counsel for the appellants is within discretion of the respondent department and is purely a technical issue. The object of environmental laws is to ensure protection of environment including soil from toxic material in the waste of any Project. This Court in appellate jurisdiction cannot replace the direction of the respondent department particularly when it could not be shown to have been passed in violation of any law. The direction for treatment of water through solid waste management plan, therefore, cannot be interfered with.
6. The spirit of section 16 is based on the precautionary principle which requires the relevant agency to anticipate the danger and take immediate steps to prevent harm or danger to the environment. In this eventuality section 16 of the Act, 1997 empowered the Environmental Protection Agency (EPA) with regard to measures to be adopted by the lease holder in order to protect the environment during the currency of his lease period. For facility of reference it is re- produced as under:- "Environmental Protection Order. (1) Where the Provincial Agency is satisfied that the discharge or emission of any effluent, waste, air pollutant or noise, or the disposal of waste, or handling of hazardous substance, or any other act or omission is likely to occur, or is occurring, or has occurred, in violation of any provision of this Act, rules or regulations or of the conditions of a license, or is likely to cause, or is causing, or has caused an adverse environmental effect, the Provincial Agency may, after giving the person responsible for such discharge, emission, disposal, handling, act or omission an opportunity of being heard, by order, direct such person consider necessary measures as the Provincial Agency may consider necessary within such period as may be specified in the order.
(2) In particular and without prejudice to the generality or the foregoing power, such measures may include--
(a) immediate stoppage, preventing, lessening or controlling the discharge, emission, disposal, handling, act or omission, or to minimize or remedy the adverse environmental effect.
(b) installation, replacement or alteration of any equipment or thing to eliminate or control or abate on a permanent or temporary basis, such discharge, emission, disposed, handling, act or omission.
(c) action to remove or otherwise dispose of the effluent, waste, air pollutant, noise, or hazardous substances; and
(d) action to restore the environment to the condition existing prior to such discharge, disposal, handling, act or omission, as close to such condition as may be reasonable in the circumstances, to the satisfaction of the [Provincial Agency]
(3) Where the person, to whom directions under subsection (1) are given, does not comply therewith, the [Provincial Agency] may, in addition to the proceeding initiated against him under this Act or the rules and regulations, itself take or cause to be taken such measures specified in the order as it may deem necessary, and may recover the costs of taking such measures from such person as arrears of land revenue.
From the bare reading of this section, it is clear that direction qua solid waste management plan can be issued by the EPA. The order passed under section 16 of the Act, 1997 and upheld by the Appellate Tribunal is also re-produced below:- "Now therefore, since you have not obtained required Environmental Approval from EPA, Punjab and your wells/pits are causing pollution. The Director General, EPA, Punjab, in exercise of powers, conferred under Section 16 of the Act ibid, do hereby pass the Environmental Protection Order
(EPO) to take the following measures within-30 days:-
1. Immediately stop operation of the unit and take necessary measures to regularize the violation of section 12 of the Punjab Environmental Protection Act, 1997.
2. Take measures to treat the waste water of the unit in conformity with the PEQS and arrange its environmentally sound disposal.
3. The Nala/embankment already, made may be extended by 400 meters up to Majid Mines in order to minimize the chances of rain water entry (after percolation through coal. wastes) into land of complainant.
4. Proper solid waste management plan must be implemented for early removal of deposited coal waste on the vicinity lands and arrange its environmentally disposal.
In case of failure to comply with direction of this Environmental Protection Order (EPO), you would be proceeded against under section 17 and other allied provisions of the Punjab Environmental Protection Act, 1997."
7. So far his contention of prosecution for not obtaining environmental approval under section 12 of the Act 1997 is concerned suffice it to say, that to initiate criminal proceedings, facts of each case are to be looked into by the prosecution agency. Suffice it to observe, if appellants plead protection under section 12 of the Act, 1997 the Prosecution Agency keeping in view the provisions of Article 12 of the Constitution of Islamic Republic of Pakistan, 1973 shall proceed with, the matter and decide the same in accordance with law.
8. In view of the above, we do not find any merit in this appeal which is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.