ISLAMABAD: The Supreme Court on Monday directed the Punjab government to provide list of all the officers of the Environment Protection Agency (EPA) who have served in the organisation since 2004.
The court noted that EPA Punjab former secretary Fiaz Bashir Warraich illegally granted permission for setting up cement factories in the areas adjacent to Katas Raj Temple in Chakwal on August 30, 2004.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan was hearing a suo motu case pertaining to drying of Katas Raj Temple pond in Chakwal.
The court directed that the owners of the cement factories including Bestway Cement, DG Cement, Dandot Cement should sit with the government officials and people of the area to reach a viable solution on how water depletion and environmental hazards could be controlled. The chief justice noted that if a viable solution is devised, then the court could permit them to carry on with their businesses.
The counsel for Gharibwal Cement factory informed the court that instead of getting ground water, the management has made plan to bring water from the river.
The chief justice during the hearing said that they have issued notices to the authorities concerned to inform the court on steps they have taken for the construction of small dams in the area as people were facing hardships due to water shortage. There is acute shortage of water in the country and the government is not thinking of constructing small dams, he said, adding that the owners of factories are only concerned about their businesses and would not think about the miseries of people.
Additional Advocate General Punjab Asma Hamid informed the court that the cement factories have dug bores in negative areas. She said 31 billion gallons of water is pumped up per year by four cement factories in the area.
She said if government charges 25 piasa per litre of water, they would have to pay Rs 7 billion to the government. She said that underground water is regulated under Canal and Drainage Act, 1962.
Justice Umar Ata Bandial said that if the factories don’t pay the cost of water, the court would see what action should be taken against them. This is the question of fundamental rights, he added.
The CEO of Bestway Cement informed the court that they had dug bores for water after getting permission from the EPA. The chief justice said that if the cement factories would not pay the cost of water, the court will send their cases to NAB. He remarked that the owners of factories did not think that boring for underground water will dry up the Katas Raj Temple pond which is holy place for the Hindu community.
A resident of Katas Raj informed the court that Faiz Bashir Warraich, former secretary of EPA, had changed the report of EPA director and on Sep 30, 2004, gave wrong report to the then president about establishment of cement factories in Katas Raj. He said the then director of the EPA had warned that if factories are established then the people of the area would face water shortage in days to come. The court noted that the cement factories would have to get back to the first permission and the remaining would have to be closed.
Earlier, Makhdom Ali Khan, representing Bestway Cement, stated that they had obtained permission from the EPA. The chief justice questioned how the EPA could grant permission for the boring. “We are not closing down industry but the owners should inform that under what law they have dug bores,” he said.
Makhdoom Ali Khan informed the court that they would have to lay down 65km long pipe to get water from the river. He said a plan has been prepared but it will cost Rs 2 billion. He said they were ready to sit with the committee constituted by the apex court.
During the hearing, the chief justice remarked that had it not been for the China-Pakistan Economic Corridor (CPEC), he would have closed down the cement factories depleting the underground water table in Chakwal.
The historic pond, a revered site for Hindus, is said to have depleted due to operations in the vicinity of several cement factories that have sucked out the underground water.
Published in Daily Times, April 24th 2018.
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