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HAJI MUHAMMAD HUSSAIN versus D.C.O. DIR UPPER


Section 21 (9) of the Special Relief Act (of 1877), sections 54 and 55 of the air and noise pollution lawsuit against the defendant in the jurisdiction of the civil court plaintiff for a permanent and mandatory injunction to run the stone crush plant against the defendant. A permanent injunction has been called for the purpose of preventing from The plaintiff's adjoining area of the plaintiff must also request the defendant to remove the plant and instruct the defendant to remove the plant, and to revoke the license of the plaintiff, it may be deemed appropriate for the plaintiff to submit to the appropriate forum. Because the civil court had no jurisdiction in the matter. Both the courts below found that in accordance with the provisions of the Pakistan Environmental Protection Act, 1997, the civil court did not have jurisdiction to hear and decide on the pollution case, refusing to exercise jurisdiction by the courts below, Indications of this appreciation arose from the site of a stone crushing plant of the controversial plant near R, which confirmed the area on the roadside and explained that under the direction of the concerned authorities, the defendant had opened the water. Adapt to compliance with legal provisions to reduce pollution by developing spraying filter systems, etc. F measures were taken to protect the environment. Local authorities' efforts to prevent pollution from air pollution focused on dust, however, the reality of noise pollution was not properly assessed by the stone crushing site and the stone crushing process. Was. Allowing it will certainly cause noise, except dust that is unbearable for nearby residents.

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