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Bahria Town fined Rs 33.5m for continuous contraventions of PEPA Act 1997

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The Environmental Protection Tribunal Islamabad has imposed a fine of Rs 33.5 million on Bahria Town Private Limited for persistently not seeking prior environmental approval of its housing schemes in contravention of Section 12 of the Pakistan Environmental Protection Act 1997.

The tribunal announced its decision on a complaint filed by the Pakistan Environmental Protection Agency (Pak-EPA) against the Bahria Town for initiating its Bahria Enclave-I project in Morian, Malot, Jagiot, Begwal, Tumair, Sihaili and Darkala mouzas in under Zone-IV of the Islamabad Capital Territory without seeking any approval from the Agency.

Environmental Protection Tribunal Registrar Bakhtawar Irshad told APP that it was the highest ever penalty imposed on any firm or entity flouting the PEPA Act 1997.

EPA’s Deputy Director Legal and Enforcement Aamir Abbas Khan presented the case before the tribunal.

The Bahria Town pleaded before the tribunal that the scheme had already sought environmental approval from the relevant agencies and initiated its construction work after meeting the codal formalities, and tried to prove by presenting documentary evidence indicating proper approvals in the back dates.

The tribunal, however, directed both the complainant and the respondent to present Google images of the project sites before the complaint and after the reported time period to check the on ground situation.

It was noted that the images confirmed that the construction work had started prior to the dates indicating environmental approval for the project, including excavation work at various spots.

The tribunal, citing Section 17(1) of the PEPA-1997, in its order stated that whosoever contravened or failed to comply with the previous Sections 11, 12, 13, or Section 16 or any order issued thereunder should be punished with fine which might extend upto Rs one million and in the case of continued contravention or failure with an additional fine of Rs 100,000 for every day during which such contravention or failure continued.

The tribunal fined Bahria Town Private Limited a sum of Rs 1,000,000 and for continued violation over a prolonged period of time by carrying construction activities imposed an additional fine of Rs 50,000 per day for 650 days violation from the date after the first site inspection was reported by the complainant (Pak-EPA) on September 02, 2021.

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