LAHORE, Nov 28: The Environmental Protection Tribunal (EPT) of the Lahore High Court has not heard any case since the contract of its chairman, Justice Khalid Paul Khwaja, expired on July 18.
At least 15 cases are pending with the EPT against about 100 industrial concerns. In all these cases, the petitioners have sought immediate relief and action against polluters of the environment.
Ten more cases have been filed with the tribunal since July. However, these cases have not been marked for regular hearing, because new tribunal chairman is yet to be appointed.
The transfer of EPT member (legal) Khwaja Imtiaz this week has all but stopped the working of the tribunal. Member (technical) Mohammad Saleemi is the only judicial officer currently working for the tribunal. The two members assist the chairman in legal and technical matters pertaining to protection of the environment.
The LHC had recommended Justice Fakharun Nisa for the office of EPT chairperson, who, however, refused to assume charge for personal reasons. Earlier this month, the Supreme Court endorsed her point of view that “the LHC cannot tell a judge to serve on the tribunal without his or her consent”.
The working of the tribunal is governed by the Environmental Protection Act 1997, which allows both the government and private parties to move the tribunal for relief against air, water and noise pollution.
The provincial environmental protection department prepares an Environmental Protection Order (EPO) on a complaint received against any industrial concern and refers the matter to the tribunal.
Most complaints pending with the tribunal are against chemical and gelatin units, tanneries and stone-crushing concerns.
Noticeable among these is a complaint filed by the residents of Sargodha’s Sillanwali Tehsil against 25 stone-crushing units that have been set up near a residential area.
According to the complainants, stone-crushing in the area poses a serious threat to the environment as well as health of the inhabitants. Dust is said to have raised the temperatures and affected the crops.
A site-inspection was carried out and the inspectors proposed that stone-crushing units should be shifted away from residential areas, the complainants said, adding that a notice had also been served on the polluters but to no avail.
The proceedings of this case are at a preliminary stage.
Another complaint has been filed by a welfare society of Kala Shah Kaku against six industrial concerns that have allegedly caused water and air pollution. It has been submitted that these concerns are polluting the water content of Nulleh Deg, where the annual catch, which amounted to 600,000kg of fish 10 years ago, has virtually disappeared.
The complainant has alleged that waste (lime) of the chemical manufacturing concern has caused barrenness of land. Bones of dead animals collected by a gelatin unit and lying in the open on factory premises form another nuisance for the inhabitants.