LHC moved against polluting brick kilns

Published February 3, 2026
Picture shows exterior of Lahore High Court building. — AFP/File
Picture shows exterior of Lahore High Court building. — AFP/File

ISLAMABAD: A cooperative housing society has approached the Lahore High Court’s Rawalpindi Bench, seeking action against the continued operation of polluting brick kilns in its vicinity, alleging serious threats to public health and the environment due to official inaction.

The society, through its elected secretary Mazhar Hussain, filed a constitutional petition under Article 199 of the Constitution, naming the Director Environment, Environmental Protection Department Punjab, the Deputy Commissioners of Attock and Rawalpindi, and the Punjab province as respondents.

The petitioner society, comprising around 8,000 members and located on Fatehjang Road, stated that residents were being continuously exposed to hazardous air pollution caused by multiple brick kilns operating around the residential area.

According to the petition, the kilns are using obsolete and prohibited technologies, which emit toxic smoke, particulate matter and harmful gases, resulting in serious health risks, particularly for children, women and elderly residents.

The society contended that the pollution posed a direct threat to life and environmental safety.

The petition invoked Article 9 and Article 9A of the Constitution, asserting that the right to life includes the right to a clean, healthy and pollution-free environment, as recognised by constitutional jurisprudence and the 26th Constitutional Amendment.

It was further stated that superior courts, including the Lahore High Court and the Supreme Court, had repeatedly ordered the closure and conversion of brick kilns operating on outdated technology, particularly the Bull Trench Kiln (BTK) system, and directed their conversion to zigzag technology in line with the recommendations of the Smog Commission.

The petitioner society maintained that despite these binding judicial directions and statutory obligations under the Pakistan Environmental Protection Act, 1997, the kilns continued to operate illegally and unchecked.

The petition disclosed that a formal complaint was submitted on April 8, 2025, to the Director Environment, followed by a reminder on November 14, 2025, but no inspection, enforcement action or remedial measures were taken by the authorities.

Terming the inaction of the authorities as an ‘abdication of statutory duty’, the petition argued that the failure of the environmental and district administrations amounted to a violation of fundamental rights of thousands of residents.

The society has requested the court to declare the inaction of the respondents illegal and unconstitutional, direct immediate inspection and strict action against non-compliant brick kilns, and order the closure of illegal kilns within the jurisdictions of Attock and Rawalpindi districts.

The petition also seeks enforcement of environmental laws and implementation of judicial directions regarding kiln operations, along with any other relief deemed just and proper by the court.

The matter is expected to be fixed for hearing before the Rawalpindi Bench in due course.

Published in Dawn, February 3rd, 2026

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