2010  CLD  1507     Environmental Protection Tribunal Karachi

SARFRAZ KHAN

Versus

PROVINCE OF SINDH through Secretary Ministry of Environment

 

Ss.2 (xxxiii), 11 & 21(3)(b)–Pollution—Ice factory-Residential area—Leakage of ammonia Gas -Proof-Report of Environment Protection Agency-Allegation of complainant was that the ice factory in question was hazardous for the residents of the locality and the same should have been shed from there-Validity-Provincial Environment Protection Agency tried to establish that there was no leakage of ammonia from the plant but the owner/accused himself admitted that annual consumption of ammonia was 400 kg to 500 kg per annum-If there was no leakage of Gas then where did go such huge quantity of ammonia Gas , which Gas was a stable product in closed cycle of plant and there was no evidence of decomposition of the same, meaning thereby that ammonia was leaked in its original form and was stable in atmosphere-Complainant had established that owner/accused was running business of ice factory while using ammonia Gas which was hazardous for human life–Factory in question was being illegally run in a residential-cum-commercial area, which was not meant for industrial purpose-Such industrial activity that too of hazardous nature, constantly carrying a high risk of loss of life and ecosystem could not be allowed to continue—Reports of Provincial Environment Protection Agency were against the case of complainant, though Environment Tribunal had serious reservations regarding procedure followed during sampling of air, noise and soil by Provincial Environment Protection Agency, but under such circumstances benefit of doubt was extended to the owner/accused-Environmental Tribunal recommended that industrial activity involving use of ammonia Gas should not be allowed in a residential/commercial area-Accused was acquitted in circumstances.