PESHAWAR: The Peshawar High Court has issued a stay order, temporarily stopping a cement company from operating its coal power plant in Kohat district amid the residents’ claims that the activity will have adverse impact on their health.

A bench consisting of Justice Syed Arshad Ali and Justice Inamullah Khan authorised the deputy director (legal) of the Khyber Pakhtunkhwa Environmental Protection Agency to constitute a team to inspect the coal power plant in accordance with the applicable standard operating procedures and the relevant laws and rules.

It directed deputy director Mumtaz Ali to submit the inspection report within a fortnight.

‘In the meanwhile, till the next date of hearing, respondent Kohat Cement Company shall not operate the coal power plant without obtaining the requisite post-operational approval from the Environmental Protection Agency and shall, in any event, remain bound by any further orders passed by this Court,’ the bench ordered.

Authorises EPA to inspect plant, orders production of report in 15 days

The bench fixed July 30 for next hearing of the petition filed by Mohammad Irfan and several other residents of Babri Banda area of Kohat, seeking declaration of the court that the construction of the CPP by the Kohat Cement Factory was illegal and unconstitutional being in violation of the petitioners’ fundamental rights and the country’s statutory and international obligations.

They prayed the court to declare illegal any NOC, permissions (if any) granted in this regard and set them aside.

The petitioners requested the court to restrain the respondents including the government and the said factory permanently from establishing, constructing, or operating the CPP within Village Babri Banda, District Kohat.

Furthermore, they sought directives for the respondents including the EPA to conduct a comprehensive, independent, and transparent Environmental Impact Assessment (EIA) with effective public participation, in accordance with Section 13 of the KP Environmental Protection Act, 2014, before undertaking any industrial expansion.

They also requested for constituting an independent expert commission, comprising environmental scientists, medical professionals, and representatives of civil society, to assess the health and environmental impacts of the existing cement plant and the CPP on the health and safety of the locality.

The petitioners’ counsel, Ali Gohar Durrani, contended that the Kohat Cement Company was constructing a CPP on its premises to provide power to its industrial unit.

He stated that the plant was surrounded by residential areas and therefore, the construction of the coal power plant would not only have an adverse effect on the environment but also on the health of the residents in the locality.

He contended that the project had already commenced operations and was causing pollution beyond the permissible limits prescribed under the environmental laws.

The EPA’s deputy director Mumtaz Ali, submitted that in Jan 2026, a team of the EPA visited the Company’s premises and found that the coal power plant project was not operational but was still under construction.

He said that the Initial Environmental Examination’s approval had already been granted for the establishment of the coal power plant project but the plant couldn’t commence operations unless it obtains post-operational approval from the EPA.

He said that the company had not yet applied for post-operational approval, therefore, it followed that the plant is not operational.

Abidullah, lawyer for the company, couldn’t confirm whether the plant had commenced operations.

“Since the learned Deputy Director has categorically stated that no post-operational approval has been granted and therefore, respondent Kohat Cement Company is, prima facie, not legally authorised to operate the coal power plant project at the stage.

“Furthermore, as no inspection has been carried out by the Environmental Protection Agency since January 2026 to verify compliance with the prescribed environmental standards, the learned Deputy Director has proposed that the Agency is prepared to conduct a fresh inspection of the coal power plant in the presence of a representative of the petitioners,” the bench pointed out.

Advocate Durrani had expressed no objection to the proposal.

Earlier, Mr Durrani contended that the establishment of a coal power plant within 200 meters of a residential locality was contrary to public health and safety standards, and infringes the Petitioners’ right to protection of property and peaceful enjoyment of their homes.

He said that even prior to the coal plant, residents of Babri Banda were already facing alarming levels of health issues, including heart diseases, respiratory infections, skin conditions, and cancer related cases.

The lawyer claimed that the emissions discharged by cement and coal plants were hazardous and might have long lasting repercussions not only for human beings but also for the atmosphere.

He argued that the respondents were bound under the Pakistan Environmental Protection Act, 1997, KP Environmental Protection Act, 2014, and different international conventions ratified by Pakistan to adopt sustainable development principles and protect citizens from environmental hazards.

Published in Dawn, July 10th, 2026