PHC urged to halt construction of cement factory in Malakand

Petitioners argue K-P govt granted permission while ignoring rules

PESHAWAR: Apprehensive of the environmental impact it will have, residents of in Malakand have moved the court against the construction of a cement factory in their area.

Residents of the Palai area in Malakand Division have filed a petition in the Peshawar High Court (PHC) against the construction of the factory, urging the court to declare as illegal a notification from the Khyber-Pakhtunkhwa (K-P) under Section 4 of the Land Acquisition Act to acquire 3,200 Kanals of land.

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The petitioners told the court that Palai has scores of orchards of citrus fruits and peaches as well as other fruits, around 171,000 fruit plants as per official estimates. These plants, the residents argued, would suffer if the factory is built.

“It is unlawful and without jurisdiction, as it is based on mala fide and ulterior motives as well as actions taken in complete disregard and negation of the law,” reads the petition filed by Ali Muhammad and 15 other residents of Palai. The petition was filed through advocates Ali Gohar Durrani and Zarak Shah.



“The Environmental Impact Assessment report has yet to be finalised then how can such a notification be issued for the acquisition of land for the factory,” they asked, claiming that provisions under the K-P Environment Protection Act have been totally disregarded.

The residents further argued that apart from the destruction of fruit orchards, the construction of the factory would see countless trees moved down while agricultural land would go barren.

The petition further argued that Palai is a water-stressed area and that the construction the factory could impact water levels in the locality — for drinking as well as for agriculture.



“K-P government has not only disregarded the environmental laws by granting a NoC to the cement company for setting up a plant in Palai but has also thrown the K-P Industrial Policy 2016 down the drain,” alleged the petitioner.  The industrial policy provides that the environment must be kept as a key element while planning industries.

The petitioners have been opposing the construction of the factory for the past year.

They first submitted a complaint to the Human Rights Cell of the PHC against the acquisition of their lands for the factory. 

Published in The Express Tribune, May 5^th, 2018.