Court moved for enforcement of environmental, municipal laws

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PESHAWAR: Dr. Syed Akhtar Ali Shah, a senior lawyer has approached the Peshawar High Court (PHC) seeking urgent enforcement of environmental and municipal laws to safeguard the fundamental rights of citizens.

The petitioner has highlighted the rapid, unplanned expansion of Peshawar, encroachments upon the Bara River, Budni Nullah, Bisai Khwar, and other natural waterways, and unauthorised construction over drains and green areas. Instead of protecting water channels and implementing the master plan of Peshawar and townships such as Hayatabad and Regi Model Town, the authorities have permitted illegal high-rise structures, commercial centres, and mega projects in violation of the law, said the petition.

The petition states that these failures have resulted in urban flooding, severe pollution, dysfunctional sewage and drainage systems, and grave public health hazards. “The devastating floods of 2010, 2022, and the most recent flash floods are cited as evidence of the risks caused by neglecting waterways and master planning,” the petition read.

The petitioner has invoked fundamental rights under Articles 9, 9A, and 14 of the Constitution — the right to life, dignity, and a clean environment — and relies on landmark judgments including Shehla Zia vs Wapda and Asghar Leghari vs Federation.

It said that despite a comprehensive framework — Canal and Drainage Act, 1873, KP River Protection Act, 2014, Pakistan Environmental Protection Act, 1997, Pakistan Climate Change Act, 2017, National Disaster Management Act, 2010, and the KP Local Government Act, 2013 — enforcement has remained elusive.

Published in Dawn, September 21st, 2025

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