PESHAWAR: The Peshawar High Court has directed the Khyber Pakhtunkhwa health department to conduct a survey through a qualified team of health professionals within two months about any adverse effect on the health of the people in Babri Banda area of Kohat district due to emissions from a local cement manufacturing plant.
A bench consisting of Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal also temporarily vacated a stay order issued by it last month against the operation of the coal-fired power project of the cement company and allowed the operationalisation of the plant for a limited time.
It issued different directives to the health department, KP Environmental Protection Agency and Kohat Cement Company and fixed Oct 15 for the next hearing into a petition filed by Mohammad Irfan and several other Babri Banda residents.
The petitioners requested the court to declare that the construction of the coal power plant by the factory was illegal and unconstitutional being in violation of the petitioners’ fundamental rights and the country’s statutory and international obligations.
Temporarily allows company to operationalise its coal-fired power plant
“When the deputy director (legal) was asked whether the Environmental Protection Agency has conducted any survey to verify the grievance raised by the petitioners that emissions from the cement manufacturing unit were adversely affecting the health of the inhabitants of the surrounding area, he replied that such an exercise did not fall within the scope of the Agency’s functions and that its mandate was limited to ensuring that the manufacturing unit and the power generation facility comply with the prescribed environmental standards,” the bench declared in a four-page order.
The court pointed out that it appeared that the EPA had no effective mechanism to regularly monitor the operation of the manufacturing unit as well as the power-generation facility to ensure compliance with the prescribed environmental standards and the NEQS.
It added that the grievance of the petitioners that emissions from the cement manufacturing unit are having an adverse effect on their health had, apparently, never been investigated by any government agency or department.
The court emphasised that it had been established that a clean and healthy environment was a fundamental right of every citizen, so the government and its relevant agencies were under an obligation to ensure the protection of such rights.
It declared that in order to ascertain the genuineness of the grievance raised by the petitioners, the health secretary had been directed to form a team or commission comprising highly-qualified doctors, nurses, pathologists, other relevant officers as well as qualified experts from the Environmental Protection Agency or department to conduct a physical survey examining the locals, of the locality and collect relevant data from hospitals in and around the area to ascertain whether emissions from the cement manufacturing unit have had any adverse effect upon the health of the local community.
“The team shall specifically collect and examine the available history and data concerning respiratory, skin, and other diseases suffered by the local inhabitants, if any, and determine whether such ailments have any possible nexus with the emissions generated by the cement manufacturing unit,” it announced.
‘The team shall also visit the manufacturing unit and ascertain whether it is complying with the prescribed environmental standards and whether all necessary equipment and safeguards have been installed and are being properly maintained to ensure that emissions from the unit do not adversely affect human health or the surrounding environment. The report of the team shall reach this court within a period of 60 days,” it declared.
The court quoted the lawyer for the cement company as saying that his client will ensure that the proposed coal-fired power plant complies with all necessary environmental safeguards to prevent or minimise harmful emissions, so the unit might be permitted to commence operation.
“The request appears to be reasonable, particularly as the coal-fired power plant is presently not operational and, consequently, its environmental impact cannot be properly assessed unless it is permitted to operate subject to strict compliance with the applicable environmental standards. Accordingly, the restraining order previously passed against the operation of the coal-fired power project is temporarily vacated, subject to further orders of this court and subject to strict compliance with all applicable environmental laws, rules, standards and conditions imposed by the competent environmental authority,” it declared.
Lawyer for the petitioners Ali Gohar Durrani said that the primary grievance of his clients pertained to the emissions caused by the cement manufacturing unit established by the Kohat Cement Company in the vicinity of Babari Banda and the surrounding areas.
He added that such emissions, which were hazardous to human health, had already caused various health problems, including respiratory and skin diseases, among residents.
“The discharge of emissions and effluents from the cement manufacturing unit has been further aggravated by the respondent company through the establishment of a coal-fired power plant, which will further aggravate the health issues faced by them and other inhabitants of the locality,” he noted.
EPA deputy director (legal) Mumtaz Ali submitted a report in line with the court’s earlier orders, saying construction activities relating to the new coal-fired power plant were presently in progress and upon completion of the construction phase, confirmation regarding compliance with the applicable environmental requirements would be submitted accordingly.
The court declared that compliance with the NEQS in respect of the 50MW coal-fired power plant should be verified upon completion of the construction phase and before commencement of its operational phase for which the requisite environmental approval should also be obtained.
Published in Dawn, August 19th, 2026
