26 February 2004	Thursday	05 Muharram 1425

HYDERABD, Feb 25: The Sindh High Court, Hyderabad circuit bench, here on Wednesday directed the Environmental Protection Agency to enforce environmental laws to check pollution.

The order was passed on a constitutional petition filed by Mumtaz Ali who prayed the court to put an end to release of injurious gas from a factory located in a residential area, and order its shifting to Nooriabad industrial area.

The court had issued notices to the official in charge, regional office, EPA, Sindh, provincial secretary and director- general, environment and alternate energy department.

The petitioner said that a paint-manufacturing factory, Clariant Pakistan, was situated in the residential area of Petaro road and surrounded by Wapda, Railway, Sindh University, LMC and other colonies and a number of villages.

He further said that several of the area residents were suffering from asthma problem caused by release of injurious gas from the factory. He stated that according to law, such factory could not be established in a residential area and that he had made several complaints to the authorities concerned as well as the Sindh chief secretary in this regard but to no avail.

Petitioner said that union council administration of the area also supported his demand. He prayed the court to direct the Sindh chief secretary, health secretary and health services director-general to take immediate action to ensure shifting of the factory.

EPA Assistant Director Mashood Ahmed told the court that a show-cause notice had been issued to factory and added that further action would be taken according to law.

The court ordered the EPA to ensure enforcement of relevant laws in the matter. The factory administration and personnel manager, Gul Zaman Baloch, in his counter-affidavit, stated that 500 employees worked in the factory and an equal number in a neighbouring factory.

If poisonous gas was being emitted by the factory, he argued, the employees also would have been sick but, according to him, they had good health. He said that respondent was a multi-national company and committed to safety of environment.

He informed the court that raw material was used in the factory for preparation of emulsions which was in liquid and not in gaseous form. However, he conceded that they initially had some problems but insisted that the same had been overcome.