BEFORE THE ENVIRONMENTAL PROTECTION TRIBUNAL, LAHORE

Complaint No ________of 2008

Muhammad Ilyas S/o Haji Abdul Ghafoor alias Babu, R/o Shop
No 27, New Sabzi Mandi, Multan

COMPLAINANT…

Versus

1. Director General Environmental Protection Agency, Punjab

Lahore
2. District Co-ordination Officer Multan.
3. Director Works, Water and Sanitation Authority, Multan.
4. Project Manager, Southern Punjab Urban Services Project,
Multan.
5. District Officer (Revenue)/District Collector, Multan.
6. Land Acquisition Officer, Southern Punjab Urban Services
Project, Multan
7. District Officer Environment, Multan

RESPONDENTS…

COMPLAINT U/S 21 Ss 3(B) OF PAKISTAN

ENVIRONMENTAL PROTECTION ACT 1997 READ
WITH ALL OTHER ENABLING PROVISIONS
AGAINST HAZARDOUS OPERATION OF DISPOSAL
PUMP AND STATION.
Respectfully Sheweth:-
Facts:-
1. That, the Complaint is being filed in the interest of Public at
large and the complainant is the resident of the impugned
vicinity and instantaneously comes within the ambit
“Aggrieved Person” as defined in the Clause “b” of
Subsection 3 of Section 21 of PEPA 1997. In addition to that,
Complainant is also authorized by and, on behalf of, all the
Resident “Traders” of New Sabzi Mandi Multan and is fully
conversant with the facts of the Complaint.
 2
2. That the Respondent No 4, The Project Manager SPBUS
Project Multan City, proposed to acquire private land
measuring 23 Kanals & 17 Marlas, situated in Moza Piran
Ghaib and Seetal Mari, near Vegetable & Fruit Market for
the construction of “Disposal Station” under the SPBUS
Project. Respondent No 5 i.e. District Officer
Revenue/District Collector Multan allowed the same and
same was acquired vide Gazette Notification No 830-D.O
(R)/LAC dated 02-10-2007 and Published on 22-20-2007.
Copy of the Notification dated 22-20-2007 is attached as
Annex- A
3. That It is pertinent to mention here that above said
resumed/acquired land is situated adjacent to the new Sabzi
Mandi and also a densely populated commercial and
residential area. The land is acquired for the public
purposes and proponent of the project has proposed to
install a high volume and capacity disposal station enough
to meet the requirements of the next 50 years. The
abovementioned Project is a huge Project and not only the
effluent and waste of the Multan City shall be disposed
therein but also the contaminated effluent and waste of the
Pak-Arab Fertilizer shall be discharged in the same.
4. That the construction of the “Disposal Station”, adjacent to
the New Sabzi Mandi, and within the Commercial &
Residential area caused a great panic in the inhabitants of
the area. Complainant along with the other residents/stake
holders of the vicinity approached the offices of the
Respondents yet no heed was paid to the outcry of the
Complainant and inhabitants.
5. That the Complainant and other members of Anjuman-e-
Arhtian, New Vegetable and Fruit Market, being
apprehended moved an application to the Business
Development Manager, Horticulture Development and
Export Board, Lahore who vide his letter No
PHDEB/BDM/08/6508 dated 06-06-2008 requested the
Respondent No 2 to relocate the impugned Disposal Station
at some other suitable place. However, Respondent No 2
did not take any action and the matter remained
unattended.
Copy of the Letter No PHDEB/BDM/08/6508 dated 06-06-
2008 is attached as Annex-B
6. That the Complainant has also moved an application
through Anjuman-e- Arhtian to the Respondent No 1.
However, again no notice was taken on the same.
Copy of the Application to the Respondent No 1 is attached
as Annex-C
7. That the Respondents may kindly be directed to
relocate/shift the impugned Disposal Station/Pump to avoid
damaging the environment inter alia on the following:-
 3
Grounds
a. That, the impugned Disposal Station is being
constructed in violation of Section 12 of Pakistan
Environmental Protection Act 1997. No E.I.A Report as
desired in Clause “G” of Second (II) Schedule of
Pakistan Environmental Protection Agency (Review of
IEE and EIA) Regulations 2000 has been submitted by
the Respondents.
b. That Impugned Disposal Station is being constructed
in a densely populated area. On the one side of the
proposed Disposal Station, it is adjacent to the New
Sabzi Mandi Multan and is physically environs of Block-
E of Shah Rukn-e-Alam Colony Multan.
c. That it is further apprehended that effluent and waste
of the City shall be discharged into the Nou-Bahar
Canal without any treatment as it is adjacent to the
impugned Disposal Station. Even if, for the sake of
arguments, it is considered that this will not let
happen, it will definitely contaminate the water of the
Canal. Notwithstanding the above, it is very rightly
apprehended by the residents and stake Holders of
the Vicinity that impugned Disposal Station will
contaminate the underground water channels,
catchments and pipelines, as is the case with the
other Disposal Stations of the city.
d. That impugned Disposal Station will be a major cause
of Air Pollution. As it will be the hub of major urban
effluent and waste, it will definitely contaminate the
ambient air. It is the foremost threat to the
Complainant and to its fraternity as all the exports are
based on the I.S.O and EURO certification and it is
apprehended that these certifications will be refused
to the Exporters of the Vicinity due to the impugned
Disposal Station. For the same reason, Business
Development Manager, Horticulture Development and
Export Board, Lahore, requested the Respondents for
the relocation of the same.
e. That even otherwise, Sabzi Mandi is the main hub of
supply of Vegetables and Fruits to the Multan City and
its neighboring areas, construction of Disposal Station
contiguous to it is against the common sense.
Unwarranted exposure of foul smell and undesirable
gasses, which will be ultimate consequence of the
impugned Disposal Station, will not only affect the life
of the inhabitants but also be a serious threat to the
consumers of the vegetables and Fruits so purchased
therefrom.
8. That this is the first complaint of the Complainant before
this august Court in this matter and the same is filed with
having full knowledge of the fact and a proper locus standi.
 4
9. There is no other efficacious and speedy remedy available
to the Complainant but to invoke the jurisdiction of the
Hon’ble Tribunal and the same is available under Section 21
Ss 3(b) of the Act of 1997 and is within the preview of this
Hon’ble Tribunal.

In view whereof, it is most respectfully prayed that

Respondent No 2, 3, 4 & 6 may kindly be directed to
stop construction of the impugned Disposal Station
and relocate the same.
Respondent No 5 may kindly be directed to recall
the resumption/accusation orders issued vide
Notification No 830-D.O (R)/LAC dated 02-10-2007
and Published on 22-20-2007
Respondents may kindly be directed to restore the
environment of the vicinity and take appropriate
measures for the future Conservation, rehabilitation,
and improvement of environment of the vicinity.
Respondent No 1 & 7 may kindly further be directed
to examine the Project Feasibility Report and P.C-I of
the Project to Control the Pollution to be caused by
the Disposal Station, and ensure the sustainable
development of Environment in the Area.
Respondent No 3 & 4 may kindly be directed to
submit the E.I.A Report as desired in Clause “G” of
Second (II) Schedule of Pakistan Environmental
Protection Agency (Review of IEE and EIA)
Regulations 2000.

Any other relief this august court deems fit may also
kindly be granted.

COMPLAINANT

Through:-

Khalid Masood Ghani

Date 23-12-2008 Advocate High Court
Ghani & Associates
6-T, Masoom Shah Road
New Multan.