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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 While noting that the existing National Environmental Quality Standards (“NEQS”) have become outdated, the Court also directed the Federal Government as well as all the Provincial Governments to update the NEQS/PEQS within a period of three months and submit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

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

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