Environment Protection Act violation: No FIR against SP, husband ‘out of respect’
The couple’s underage children are the owners on paper of the poultry farm for which no NOC was obtained.
LAHORE:
Kahna police have refused to register an FIR “out of respect” against a senior police officer and her husband for setting up a poultry farm without obtaining a no objection certificate (NOC) from the Environment Protection Department (EPD).
The officer is Nabeela Naheed Rana, SP VIP Security Cell. Kausar Naveed Bhatti, her husband, is a former land acquisition collector with the Lahore Development Authority.
The property is located on the Ferozepur Road on land categorised as agricultural. According to a senior EPD officer and Kahna police, the property’s owners in official record are the couple’s minor sons. EPD Secretary Saeed Iqbal Wahla told The Express Tribune that both the parents are the named guardians in the documents.
An application against the couple was submitted to the SHO concerned by the EPD. An officer said the department had first sealed the then under-construction property in July after receiving a complaint. The complainant is a man who owns a nine-acre farm next to the poultry farm in Mustafabad on Ferozepur Road.
The EPD officer said the owners had violated Section 12 of the Punjab Environment Protection Act 2012. The section states: “No proponent of a project shall commence construction or operation unless he has filed with the [Provincial Agency] an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the [Provincial Agency] approval…”
However, the seal was broken and construction re-started. Their neighbour, Amanullah, again made a complaint earlier this week. Amanullah says in his complaint that he had relocated to the city’s outskirts for cleaner air, but the poultry farm, once operational, will cause pollution.
On receiving the fresh complaint, the Environment Protection Department re-sealed the property. However, the senior officer said, construction of the poultry farm has been completed.
It was after the re-sealing that an EPD officer submitted an application with the Kahna police to register an FIR against a parent of the owners under Section 186 of the Pakistan Penal Code (Obstructing a public servant in discharge of duty).
He said the department had earlier registered a complaint against Nauman and Arslan, sons of the SP and the LDA officer, since the property had been bought in their names. After investigation, said the officer, “I found out [that] the children were underage and that the parents were using it.” “They have still not obtained an NOC.”
Buying property in children’s name is a common practice, says Syed Athar Ali Kazmi the president of the Lahore Real Estate Advisers’ Association. He says that usually the father acts as the guardian until the children come of age. Kazmi says that in case of a violation of rules, action is taken against the guardian of the children. Umar Mahmood Khan, a criminal lawyer that The Express Tribune contacted, also says that in case of a violation of law, action is taken against the attorney, guardian or the trustee.
When contacted, Nazeer Hussain Uppal, the investigation inspector at Kahna police station, said that the application had been forwarded to SP (Investigation) as they did not consider registering a case against the SP (VIP) CM Security Cell appropriate.
“It is a question of respect,” Uppal said, “we are being asked to register an FIR against a very senior police officer.” He said the property was in the name of the SP’s sons and they should be held responsible for breaking the seal, not the parents.
Upal told The Express Tribune he could not register a case against the SP and her husband unless he was ordered to do so by the Model Town SP (Investigation) Ejaz Sethi.
The Express Tribune was unable to contact Sethi, Rana and Bhatti for comments.
Are poultry farms illegal?
Poultry farms can be established on land that has been categorised as agricultural land under the 2021 Master Plan, like the property in question. The EPD has issued NOCs to about 15 poultry farms in the agricultural area, an EPD officer told The Express Tribune. Currently, said the officer, there are about 200 cases involving poultry farms across the Punjab pending with the environmental tribunal for being set up without obtaining an NOC.
Published in The Express Tribune, November 5th, 2012.
Kahna police have refused to register an FIR “out of respect” against a senior police officer and her husband for setting up a poultry farm without obtaining a no objection certificate (NOC) from the Environment Protection Department (EPD).
The officer is Nabeela Naheed Rana, SP VIP Security Cell. Kausar Naveed Bhatti, her husband, is a former land acquisition collector with the Lahore Development Authority.
The property is located on the Ferozepur Road on land categorised as agricultural. According to a senior EPD officer and Kahna police, the property’s owners in official record are the couple’s minor sons. EPD Secretary Saeed Iqbal Wahla told The Express Tribune that both the parents are the named guardians in the documents.
An application against the couple was submitted to the SHO concerned by the EPD. An officer said the department had first sealed the then under-construction property in July after receiving a complaint. The complainant is a man who owns a nine-acre farm next to the poultry farm in Mustafabad on Ferozepur Road.
The EPD officer said the owners had violated Section 12 of the Punjab Environment Protection Act 2012. The section states: “No proponent of a project shall commence construction or operation unless he has filed with the [Provincial Agency] an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the [Provincial Agency] approval…”
However, the seal was broken and construction re-started. Their neighbour, Amanullah, again made a complaint earlier this week. Amanullah says in his complaint that he had relocated to the city’s outskirts for cleaner air, but the poultry farm, once operational, will cause pollution.
On receiving the fresh complaint, the Environment Protection Department re-sealed the property. However, the senior officer said, construction of the poultry farm has been completed.
It was after the re-sealing that an EPD officer submitted an application with the Kahna police to register an FIR against a parent of the owners under Section 186 of the Pakistan Penal Code (Obstructing a public servant in discharge of duty).
He said the department had earlier registered a complaint against Nauman and Arslan, sons of the SP and the LDA officer, since the property had been bought in their names. After investigation, said the officer, “I found out [that] the children were underage and that the parents were using it.” “They have still not obtained an NOC.”
Buying property in children’s name is a common practice, says Syed Athar Ali Kazmi the president of the Lahore Real Estate Advisers’ Association. He says that usually the father acts as the guardian until the children come of age. Kazmi says that in case of a violation of rules, action is taken against the guardian of the children. Umar Mahmood Khan, a criminal lawyer that The Express Tribune contacted, also says that in case of a violation of law, action is taken against the attorney, guardian or the trustee.
When contacted, Nazeer Hussain Uppal, the investigation inspector at Kahna police station, said that the application had been forwarded to SP (Investigation) as they did not consider registering a case against the SP (VIP) CM Security Cell appropriate.
“It is a question of respect,” Uppal said, “we are being asked to register an FIR against a very senior police officer.” He said the property was in the name of the SP’s sons and they should be held responsible for breaking the seal, not the parents.
Upal told The Express Tribune he could not register a case against the SP and her husband unless he was ordered to do so by the Model Town SP (Investigation) Ejaz Sethi.
The Express Tribune was unable to contact Sethi, Rana and Bhatti for comments.
Are poultry farms illegal?
Poultry farms can be established on land that has been categorised as agricultural land under the 2021 Master Plan, like the property in question. The EPD has issued NOCs to about 15 poultry farms in the agricultural area, an EPD officer told The Express Tribune. Currently, said the officer, there are about 200 cases involving poultry farms across the Punjab pending with the environmental tribunal for being set up without obtaining an NOC.
Published in The Express Tribune, November 5th, 2012.