ISLAMABAD: The Supreme Court has ordered the Environmental Protection Agency of Khyber Pakhtunkhwa (EPA-KP) to immediately shut down and seal three stone crushing plants in Suraj Galli village of Haripur district for not complying with the National Environment Quality Standards (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, we direct the EPA-KP to shut down and seal the operations of these stone-crushing plants immediately,” ordered senior puisine Justice Syed Mansoor Ali Shah in a judgement he authored and released here Friday.

Justice Shah was heading a three-judge Supreme Court bench also consisting of Justice Muhammad Ali Mazhar and Justice Shahid Bilal Hasan which took a challenge to Rule 2 (c) and Schedule-IV of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020.

However, the order explained, the stone crushing plants could re-operationalise provided they satisfy compliance with the requirements of NEQS to the SC, which after verification through a technical expert may be allowed to function again.

Centre, KP govt ordered to update NEQS in three months

The SC also ordered police to render full assistance to the EPA in carrying out these directions in shutting down the stone-crushing plants.

A copy of the order would be dispatched to the police chief for immediate compliance. Besides, the advocate general was asked to submit a compliance report to the court within a week.

The court observed that NEQS was passed in 1993 and last updated in 2010, but the federal and provincial governments made no efforts to update the standards. It highlighted that NEQS serves as a crucial framework and facilitate the transition towards a sustainable future by limiting both the quality and quantity of anthropogenic pollutants in the environment.

The SC then ordered the federal and provincial governments to update the NEQS within three months and submit the revised standards to the court.

900 plants survey

Additionally, the court directed the EPA-KP to conduct a detailed report on the environmental compliance and safe distance of 900 stone crushing plants operating across the province. The report should be submitted to the court before the next hearing date. If the EPA finds that these plants do not meet the NEQS or safe distance requirements, they are authorised to take actions against them according to the law.

The court also ordered the dispatch of this order to all chief secretaries of the four provinces and the chief commissioner, ICT, for compliance regarding the updating/revision of NEQS.

The order recalled that in 2021, air pollution from unlawful stone crushing operations in Suraj Galli, Haripur, was identified as the core issue behind the challenge to the rules.

A 2021 report by Hagler Baily Pakistan (HBP) found that power crushers in the area were causing air pollution, posing a serious threat to human life and health.

It highlighted that high PM concentra-tions from mining and crushing activities exceeded NEQS limits, leading to health effects like coughing, asthma, and cardiac diseases.

A power crushers commission, constituted by the SC in 2022, submitted its final report on July 6, confirming that the plants did not meet NEQS and failed to comply with the safe distance requirement.

The court noted that air pollution from the power crushers had adverse effects on human health, wildlife and environment, leading to long-term ecological imbalances.

The interplay between air pollution and the environment is complex, influencing various natural cycles and life forms, and can lead to long-term ecological imbalances, according to the SC order.

Published in Dawn, July 27th, 2024