Degradation of Environment by Power Crushers

In the case of Amer Ishaq & Others vs. Province of Khyber Pakhtunkhwa (2024 SCP 246), the Supreme Court of Pakistan addressed the critical issue of environmental degradation caused by the operation of power crushers in the village of Suraj Galli, Tehsil Khanpur, District Haripur. The petitioners challenged the constitutionality of specific provisions under the Khyber Pakhtunkhwa Power Crushers (Installation, Operation, and Regulations) Rules, 2020 ("Rules") and their compliance with environmental laws and fundamental rights under the Constitution of Pakistan.

Key Issues:

Constitutionality of the Power Crushers Rules: The petitioners argued that Rule 2(c) and Schedule IV of the 2020 Rules were ultra vires to the Constitution and the Khyber Pakhtunkhwa Power Crushers (Installation, Operation, and Regulations) Act, 2020 ("Act"). They contended that these provisions failed to protect the fundamental rights to life, dignity, and property under Articles 9, 14, 23, and 24 of the Constitution, given the environmental harm caused by the crushers. The Supreme Court scrutinized whether these Rules were consistent with the statutory framework and constitutional guarantees.

Environmental Impact and Public Health Concerns: A significant aspect of the case was the environmental impact of the power crushers, particularly the emission of PM concentrations that exceeded the National Environmental Quality Standards (NEQS). Reports by Hagler Bailly Pakistan and the Power Crushers Commission highlighted severe air pollution, which posed substantial risks to human health, including respiratory and cardiovascular diseases. The Court considered whether the continued operation of these crushers violated environmental laws and endangered public health.

Role of Regulatory Authorities and Compliance: The Court assessed the effectiveness of the Environmental Protection Agency (EPA) of Khyber Pakhtunkhwa in enforcing compliance with the NEQS. The findings revealed significant non-compliance by the crushers, including the failure to maintain the prescribed safe distance from residential areas and the absence of adequate dust control measures. The Court's focus was on whether the regulatory framework and its enforcement were sufficient to protect the environment and public health.

Shehla Zia vs. WAPDA (PLD 1994 SC 693): The Court drew upon this landmark case, which established the right to a clean and healthy environment as part of the right to life under Article 9 of the Constitution. The principles set out in Shehla Zia were instrumental in the Court's reasoning that environmental protection is a fundamental constitutional mandate.

Asghar Leghari vs. Federation of Pakistan (PLD 2018 Lahore 364): This case further reinforced the concept of environmental constitutionalism, where the Court held that the state has a duty to protect the environment as part of its commitment to sustainable development and intergenerational equity.

Court's Conclusion: The Supreme Court ruled that the continued operation of the power crushers in Suraj Galli violated the NEQS and posed an imminent threat to the health and safety of the local population. The Court ordered the immediate shutdown of the crushers, directing the EPA to enforce this closure until the operators could demonstrate full compliance with environmental regulations. The decision emphasized that environmental protection is paramount and must be integrated into the governance framework at all levels.

Moreover, the Court criticized the outdated NEQS and directed the Federal and Provincial Governments to revise these standards within three months, aligning them with current environmental and technological advancements. The decision also highlighted the need for establishing dedicated crushing zones away from residential areas to prevent future conflicts.

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