RAWALPINDI: The Lahore High Court’s Rawalpindi Bench has directed the Punjab Environmental Protection Agency (EPA) to take strict legal action against brick kilns operating in violation of precautionary measures and environmental standards laid down by the Supreme Court and superior courts, expressing concern over the growing threat to public health and environmental safety.

The direction came during the hearing of a constitutional petition filed by a housing society, which has challenged the continued operation of brick kilns employing obsolete and highly polluting technology in and around its residential area on Fatehjhang Road.

Justice Jawad Hassan heard the petition under Article 199 of the Constitution, in which the society — representing approximately 8,000 members — alleged that residents were being continuously exposed to hazardous air pollution due to illegal and environmentally dangerous kiln operations in close proximity to their homes.

Counsel for the petitioner, Ch Ehtishamul Haq, argued that the emissions from these kilns constitute a direct violation of the fundamental right to life, which includes the right to live in a clean, healthy and pollution-free environment under Articles 9 and 9A of the Constitution.

He maintained that air pollutants released by brick kilns fall squarely within the definition of hazardous emissions under the Punjab Environmental Protection Act, 1997, yet regulatory authorities had failed to take meaningful enforcement action despite repeated complaints.

The petition highlighted that many kilns are still using outdated and prohibited technologies — including traditional Bull Trench Kiln (BTK) systems — which emit toxic smoke, particulate matter, carbon monoxide, sulphur dioxide and other harmful gases.

These pollutants pose serious health risks, particularly to children, women and elderly residents living in surrounding communities.

Referring to earlier judicial precedents, the petitioner’s counsel cited multiple judgments in which superior courts directed kiln owners to adopt zigzag or other environmentally friendly technologies to control emissions and comply with National Environmental Quality Standards (NEQS).

These include landmark rulings in Amjad Ali Brick Kiln vs Director-General EPA and Nemat Ullah Khan vs Province of Punjab, which emphasised environmental protection as an essential component of fundamental rights.

The case also builds on concerns raised in a related petition, which has accused authorities of failing to act despite formal complaints submitted in April 2025 and November 2025.

The society alleged that official inaction amounted to an abdication of statutory duty and a violation of constitutional protections, leaving thousands of residents exposed to toxic air pollution.

The petition further noted that superior courts — including the Supreme Court and Lahore High Court — have repeatedly ordered the closure or conversion of polluting brick kilns in line with recommendations of the Smog Commission.

Despite these binding directions, the kilns in Attock and Rawalpindi districts allegedly continue to operate unlawfully, without adopting mandated clean technologies.

In its order, the Rawalpindi Bench directed the Punjab EPA to treat the petition as a formal representation and decide the matter in accordance with environmental laws and regulatory frameworks.

The court ordered the environmental authority to provide an opportunity of hearing to all concerned parties and to issue a reasoned, speaking order within three months of receiving a certified copy of the court’s decision.

Published in Dawn, February 7th, 2026