Environment Archives

Lahore High Court Hearing on Hazardous Air Quality in Lahore

Nov 9,2024 Comments Off By IALC

In a groundbreaking case, the Lahore High Court has admitted a petition filed by a three-year-old child, Amal Sukhera, seeking action against the Punjab government over severe air pollution in Lahore. The petition, filed under the fundamental right to a clean and healthy environment, argues that the government has failed to enforce laws aimed at controlling air pollution, particularly from vehicular emissions.

Presented by Senator Barrister Syed Ali Zafar, the petition emphasizes the child’s right to a clean environment, a concept recently enshrined in Pakistan’s Constitution under Article 9A. The petitioner argues that the pollution crisis in Lahore, one of the world’s most polluted cities, is depriving future generations of their environmental rights.

The case highlights the government’s lack of action despite the Punjab Environmental Protection Act, 1997, which mandates pollution control measures. According to the petitioners, air pollution is severely affecting public health, particularly through vehicle emissions, which account for up to 83% of the pollution in Lahore. The petition seeks a directive to the government to take immediate steps to enforce existing environmental regulations, particularly those requiring the installation of pollution control devices on vehicles and regular inspections to limit emissions.

The petition was heard by Justice Jawad Hassan who considered the issue of child justice, invoking the “Doctrine of Intergenerational Responsibility,” drawing parallels to a similar case in the Philippines, where children successfully sought legal remedies to protect the environment for future generations.

The case is poised to set a significant precedent in the protection of environmental rights in Pakistan, especially in the context of intergenerational justice. The court has issued notices to key government officials, including the Secretary of the Environmental Protection Department, to explain the measures taken to control air pollution in Lahore. The next hearing is scheduled for November 12, 2024.

This case marks an important step in strengthening environmental protections and upholding the rights of children and future generations to a sustainable and clean environment.

The order can be downloaded from the Lahore High Court website by clicking here.

Tags Environment, Pollution

Supreme Court orders closure of three stone crushing plants in KPK; Wants NEQS updated within three months

Jul 27,2024 Comments Off By IALC

Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition challenging the Khyber Pakhtunkhwa Power Crusher Rules, 2020. Through these rules, the Government of KPK has reduced the safe distance for power crushers from places of human habitation from 1000 metres to 500 metres in urban areas and 300 metres in rural areas, which has created an environmentally disastrous situation for hundreds of thousands of people in the province of KPK.

On 15-06-2021, the Supreme Court accepted preliminary arguments of the Petitioners and issued notice to the Government of KPK. The Court also directed the relevant authorities to inspect the power crushers near Petitioners’ village to make sure that they are complying with the current national environmental quality standards. The Court also added the power crusher owners as respondents in the Constitution Petition.

On 06-04-2022, Imran submitted on behalf of the petitioners that the power crusher owners are harassing and intimidating the locals to make them sell their lands to them. He requested the Court to make an interim order to curb such coerced sales of land. The Court allowed the Petitioners’ request to place a moratorium on transfer of land around stone crushers in the area until further orders. This order will save the locals from undue harassment and pressure at the hands of unscrupulous power crusher owners.

On 25-04-2022, the Court decided to adopt an inquisitorial approach and appointed a special commission headed by the renowned environmental lawyer, Dr. Parvez Hassan, to inspect the operation of power crushers in KPK and to ensure compliance of environmental standards. The order can be downloaded by clicking here.

Further hearing of the case took place on 11-07-2024 and 12-07-2024. After lengthy and detailed hearing, the Supreme Court ordered immediate closure of three power crushers in village Suraj Galli, Tehsil Khanpur. The Court also directed the Government of KPK to file a detailed report about the status of almost 900 power crushers operating in the province of KPK. While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit their respective updated/revised EQS before the Court. The said order has been approved for reporting. It can be downloaded from the Supreme Court website by clicking here.

The power crusher owners are being represented by senior advocates Barrister Ch. Aitzaz Ahsan, Khawaja Haris Ahmad and Barrister Gohar Ali Khan.

To watch coverage of this case by various TV and YouTube channels, please watch the following YouTube videos:

For print and electronic media coverage of this case, please click on the links below:

Tags Crushing Plants, Environment, environmental law, NEQS, Power Crushers

Tag Environment

Lahore High Court Hearing on Hazardous Air Quality in Lahore

Supreme Court orders closure of three stone crushing plants in KPK; Wants NEQS updated within three months

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