Supreme Court wants NEQS updated in three months

The Supreme Court has sought a detailed report from the Environmental Protection Agency (EPA) of Khyber-Pakhtunkhwa (K-P) regarding environmental compliance and safe distance by stone crushing plants operating in the province.

It was directed in a nine-page written order authored by Justice Syed Mansoor Ali Shah. A three-judge bench of the apex court led by Justice Shah heard the matter on July 11.

He was hearing a petition challenging the vires of Rule 2(c) and Schedule-IV of the Khyber-Pakhtunkhwa Power Crushers (Installation, Operation and Regulations) Rules, 2020 ("Rules") to the extent they are ultra vires Sections 7 and 19 of the Khyber-Pakhtunkhwa Power Crushers (Installation, Operation and Regulations) Act, 2020 ("Act") as well as the fundamental rights i.e., Articles 9, 23, 24, and 25 of the Constitution.

"It is also pointed out that there are 900 other stone crushing plants operating in the province of Khyber-Pakhtunkhwa. Let the provincial EPA carry out detailed report regarding their environmental compliance and safe distance and submit their detailed report in this regard to this court before the next date of hearing," the judgement read.

"In case the EPA finds that the said plants do not meet the National Environmental Quality Standards (NEQS) or the safe distance requirement under the Rules, the EPA is free to take action against the said plants in accordance with the law."

The written order issued on Friday stated that it is noted that National Environmental Quality Standards (NEQS) were passed in 1993 and last updated in the year 2010 and the federal and provincial governments have made no efforts to update the said standards.

"It is crucial to highlight that by limiting both the quality and quantity of anthropogenic pollutants in the environment, the NEQS serve as crucial frameworks which facilitate the transition towards a sustainable future.

These standards not only ensure the preservation of ecosystems and protection of public health through preventive measures, but also play a significant role in fostering climate resilient development mechanisms by encouraging sustainable production processes in industries. Therefore, the federal government as well as the provincial governments are directed to update the NEQS within a period of three months from today and submit their updated/revised NEQS before this court," says the order.

The hearing of these matters will be relisted in the first week of November for the report of the provincial governments regarding the updating/revision of the NEQS as well as the report on the environmental status of the 900 stone crushing plants.

The order noted that the submissions of the counsel for the respondent power crushers are not satisfactory and the findings of the report have gone unrebutted, in particular, the violation of the NEQS.

Learned Advocate General, K-P supported the Report of the Commission and also urged the Court to shut down these plants unless they comply with the NEQS.

In order to protect the human life and health of the residents of the area, who have been subjected to these plants for a number of years, the court has directed the K-P Environmental Protection Agency (EPA) to shut down and seal the operations of three stone crushing plants immediately.

The respondent owners of the said plants can be allowed to re-operationalize their plants provided they make an appropriate application to this Court satisfying the Court that they now comply with the requirements of the NEQS, which the Court, after verifying this fact through a technical expert may allow.

The local Police shall render full assistance to EPA to carry out the Order of this Court in shutting down the stone crushing plants immediately. A copy of this Order shall also be dispatched to the Inspector General Police, KPK for immediate compliance. The Advocate General, KPK shall submit a compliance report to this Court within a week thereof", says the order.