EPT Fines FUUAST Rs 1 Mln For Flouting PEPA 1997

ISLAMABAD, (UrduPoint / Pakistan Point News - 28th Mar, 2023 ) :The Environmental Protection Tribunal (EPT) on Tuesday imposed a fine of Rs one million on the Federal urdu University of Arts, Science, and Technology (FUUAST) for flouting Section 12 of the Pakistan Environmental Protection Act 1997 (PEPA 1997) during the construction of the varsity despite repeated notices and show cause issued by Pak-EPA to seek environmental approval from the Agency.

The decision of the Tribunal available with APP noted that the Pakistan Environmental Protection Agency (Pak-EPA) filed a complaint with the Tribunal against the University and the Capital Development stating the former as the project proponent and the latter as responsible for the development and management of all the affairs as per its laws and regulations in the federal capital territory.

The complainant (Pak-EPA) maintained that the project proponent had to ensure measures for the development of the project as per the CDA Laws, Rules and Regulations and provision of the PEPA 1997. However, the project proponent (FUUAST) had not obtained environmental approval for their aforesaid project under section 12 of the PEPA 1997 and IEE/EIA regulations 2000.

The EPA team held site inspections of the University on December 16, 2020, followed by a hearing notice held on February 15, 2021, which was not attended by the University and CDA officials.

Consequently, the Agency served another notice on March 29, 2021, for a personal hearing attended by the CDA officials and not the FUUAST representatives.

The EPA also served a show cause notice on July 8, 2021, for the imposition of administrative penalty as per sub-section (7) section 17 of PEPA 1997.

The respondents submitted before the tribunal that the notices were served after the completion of the main project whereas it was not falling under the schedules mentioned by the EPA counsel. However, the tribunal ruled that the respondent was legitimately required to adhere to section 12 of PEPA 1997.

The ruling was given by the Chairperson EPT, Adil Anwar and Member (Technical), Dr Muhammad Bashir Khan whereas the Pak-EPA was represented by Deputy Director, Legal and Enforcement, Aamir Abbass Khan before the Tribunal.

The Tribunal directed the FUUAST administration to deposit the fine imposed in the favour of the federal government within fifteen days of the judgment passed.

However, the Tribunal also ruled that if the Varsity failed to deposit the fine within the stipulated time period then the same be recovered as arrears for land revenue.