Petition before Environmental Tribunal

BEFORE THE LEARNED ENVIRONMENTAL TRIBUNAL, province AT seat

Petition No. _____ of year Under Section 20 of the Pakistan Environmental Protection Act 1997

petitioner_name, son/daughter of petitioner_father, resident of petitioner_address, holder of CNIC No. petitioner_cnic ... Petitioner

VERSUS

1. respondent_name (respondent_business), situated at respondent_address, through its proprietor / authorised representative 2. The Director General, Environmental Protection Agency, province ... Respondents

PETITION UNDER SECTION 20 OF THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 SEEKING REDRESS AGAINST ENVIRONMENTAL VIOLATION AND COMPLIANCE ORDER AGAINST RESPONDENT NO. 1

Respectfully sheweth:

1. That the Petitioner is a citizen of Pakistan resident at the address given above and is directly affected by the environmental violations committed by Respondent No. 1, including by way of damage to health, property, and quality of life. The Petitioner has locus standi to invoke the jurisdiction of this Honourable Tribunal in terms of Section 11 read with Section 20 of the Pakistan Environmental Protection Act 1997.

2. That Respondent No. 1 owns and operates an industrial / commercial establishment at respondent_address, engaged in respondent_business. The establishment is situated within distance_from_petitioner of the Petitioner's residence and within a residential locality.

3. That Respondent No. 1 has been discharging effluents, emissions, or other pollutants in excess of the National Environmental Quality Standards (NEQS) prescribed by the Federal Government under Section 6 of the Pakistan Environmental Protection Act 1997. The specific violation is described as follows: specific_violation_description.

4. That on measurement_date, samples and measurements taken at the site disclosed pollutant concentrations of pollutant_readings, well in excess of the permissible NEQS limits. A copy of the test report and supporting documentation is annexed.

5. That the conduct of Respondent No. 1 has caused the Petitioner and other affected residents direct injury and loss in the form of harm_to_petitioner, including respiratory ailments, contamination of drinking water, damage to property, and severe nuisance.

6. That the Petitioner gave a written representation to Respondent No. 1 on representation_date demanding that the polluting activity be brought into compliance with the NEQS. Respondent No. 1 failed to take remedial action despite the said representation.

7. That the Petitioner also lodged a complaint with Respondent No. 2 (the Environmental Protection Agency) on epa_complaint_date. Respondent No. 2 has either failed to take effective action under Section 16 of the Act, or its action has been illusory and inadequate, leaving the violation continuing to date.

8. That under Section 11 of the Pakistan Environmental Protection Act 1997, no person shall discharge or emit any effluent, waste, air pollutant, or noise in an amount, concentration, or level which is in excess of the National Environmental Quality Standards. Respondent No. 1 is in continuing breach of this prohibition.

9. That this Honourable Tribunal has territorial jurisdiction to entertain the present petition by virtue of the cause of action having arisen wholly within the territorial limits of this Tribunal, and the offending establishment of Respondent No. 1 being situated within these limits. The petition is filed within the period of limitation under the Act.

10. That unless this Honourable Tribunal intervenes by way of compliance directions and penalty, the Petitioner and the affected community will continue to suffer irreparable injury for which no adequate remedy is available in damages alone.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Tribunal may be pleased to:

(a) Declare the activities of Respondent No. 1 to be in violation of Sections 11 and 12 of the Pakistan Environmental Protection Act 1997 read with the National Environmental Quality Standards;

(b) Issue an Environmental Protection Order under Section 16 directing Respondent No. 1 to immediately cease the offending activity and bring its operations into compliance with the NEQS within a fixed time;

(c) Impose a penalty on Respondent No. 1 in terms of Sections 17 and 21 of the Act commensurate with the gravity, duration, and scale of the violation;

(d) Direct Respondent No. 1 to compensate the Petitioner and other affected residents for the injury and loss caused;

(e) Direct Respondent No. 2 to monitor compliance with the order and submit periodic compliance reports to this Honourable Tribunal; and

(f) Grant any other or further relief that this Honourable Tribunal may deem just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner Through: _____________________________ counsel_name Advocate