Course: Industrial Pollution

Assignment : Environmetal cases in the court of law of Pakistan

Submitted to : Moazzam Ali Khan
Submitted by : Hifza Fatima
Seat No. : EH2111022
Environmental conservation is a critical issue globally, and Pakistan is no exception. Over the
years, Pakistani courts have handled numerous landmark cases that have significantly
influenced the country’s environmental laws. These cases have covered a wide range of
concerns such as pollution control, wildlife protection, and sustainable development. Below,
we explore some of the most notable environmental cases in Pakistan's legal history.

 Shehla Zia v. WAPDA (1994)

 One of the most significant cases in Pakistan’s environmental legal landscape is Shehla
Zia v. WAPDA. This case established the precedent of recognizing environmental
rights as fundamental human rights in Pakistan. Shehla Zia and other petitioners
challenged the construction of a high-voltage grid station by WAPDA in a residential
area of Islamabad, citing health risks from electromagnetic radiation.

 The Supreme Court of Pakistan affirmed the right to a clean and healthy environment
as part of the fundamental right to life and dignity under Article 9 of the Constitution.
The court emphasized that any project likely to cause environmental harm should
undergo rigorous scrutiny, prioritizing public health and safety.

 Human Rights Case No. 623-P of 1994 (Suo Motu Actions on

Environmental Pollution in Islamabad)
 In this case, the Supreme Court took suo motu notice of environmental degradation
and pollution in Islamabad. The court directed governmental agencies to take
immediate steps to control pollution and implement environmental protection
measures. This case highlighted the judiciary’s proactive role in ensuring
governmental accountability and protecting environmental integrity.

 General Secretary, West Pakistan Salt Miners Labour Union (CBA)

Khewra, Jhelum v. The Director, Industries and Mineral Development,
Punjab, Lahore
 This case focused on the rights of salt miners in Khewra and the environmental
impacts of mining activities. The Supreme Court emphasized the need to balance
economic development with environmental protection. The court ordered measures
to protect the environment and ensure the rights of workers, promoting principles of
sustainable development.

 Sindh Institute of Urology and Transplantation v. Nestle Milkpak Ltd

 This case addressed water contamination and its implications for public health. The
Sindh Institute of Urology and Transplantation filed a petition against Nestle Milkpak
Ltd., alleging that the company’s activities were contaminating water sources. The
Sindh High Court ruled in favor of the petitioner, ordering corrective measures to
prevent further contamination. This case highlighted corporate responsibility for
environmental impact and affirmed access to clean water as a public right

.
 Zahoor Ahmad Wattoo v. Federation of Pakistan
 This case dealt with the establishment and operation of industries without
environmental clearances. Zahoor Ahmad Wattoo filed a petition against various
industries operating in violation of environmental laws. The Lahore High Court
emphasized the enforcement of environmental regulations and the need for industries
to comply with legal requirements, including obtaining environmental impact
assessments (EIAs) before commencing operations.

 Asghar Leghari v. Federation of Pakistan

 A landmark case in climate change litigation, Asghar Leghari v. Federation of
Pakistan was initiated by farmer Asghar Leghari against the government’s failure to
implement the National Climate Change Policy. The Lahore High Court recognized
government inaction as a threat to fundamental rights and mandated the formation of
a Climate Change Commission to ensure policy implementation. This case
highlighted judicial oversight in holding governments accountable for climate action.

 Ali Steel Industry v. Government of Khyber Pakhtunkhwa

 This case involved the environmental impact of industrial activities on local
communities. The Ali Steel Industry was accused of emitting pollutants that adversely
affected the health of nearby residents. The Peshawar High Court ordered the industry
to install pollution control devices and comply with environmental regulations,
reinforcing the responsibility of industries to operate within environmental standards
to protect public health and the environment.

 Hammad Naqi Khan v. Federation of Pakistan

 Environmental activist Hammad Naqi Khan filed a petition against the government’s
inadequate response to rising air pollution in Lahore. The Lahore High Court directed
the government to take immediate steps to reduce air pollution, including the
implementation of the Smog Action Plan and stricter enforcement of vehicle
emissions standards. This case underscored judicial intervention in addressing urban
environmental challenges and ensuring government accountability.

 Ali Asghar Mallah v. Province of Sindh

 This case focused on illegal encroachments and pollution in Manchar Lake,
endangering livelihoods and the lake's ecosystem. The Sindh High Court ordered the
removal of encroachments and the implementation of measures to restore the lake's
ecological balance, emphasizing the protection of natural resources and livelihoods.

 Komal Shahid v. Metropolitan Corporation Islamabad

 In this recent case, environmental activist Komal Shahid filed a petition against the
construction of a road threatening Islamabad's green spaces and biodiversity. The
Islamabad High Court halted construction, emphasizing the importance of preserving
urban green areas for ecological harmony and public welfare.
 Public Interest Litigation (PIL) on Deforestation in Changa Manga
 A significant case regarding deforestation was filed as a Public Interest Litigation
(PIL) by environmental activists, highlighting rampant deforestation in Changa
Manga, one of the country's oldest man-made forests. The Lahore High Court directed
the Punjab government to take immediate steps to halt illegal logging activities,
reforest affected areas, and implement strict monitoring mechanisms to prevent future
deforestation. This case underscored the judiciary's commitment to protecting forests
and biodiversity.

 Environment Protection Tribunal v. Various Industries

 In a series of cases, the Environment Protection Tribunal took action against several
industries for violating environmental laws by discharging untreated effluents into
water bodies and emitting harmful pollutants into the air. The tribunal imposed fines
and mandated the installation of treatment plants and emission control systems. These
cases emphasized the role of specialized tribunals in enforcing environmental
regulations and ensuring industrial compliance.

 Sindh Wildlife Protection Case

 In a landmark case for wildlife conservation, the Sindh High Court addressed the
illegal hunting and trade of endangered species, particularly the Houbara bustard. The
court ruled in favor of stricter enforcement of wildlife protection laws, increased
penalties for violators, and enhanced conservation efforts. This case underscored the
importance of protecting biodiversity and the judiciary’s role in safeguarding
endangered species.

 Karachi Coastline Pollution Case

 Environmental activists filed a petition against severe pollution along Karachi’s
coastline, caused by untreated sewage and industrial waste discharged into the sea.
The Sindh High Court ordered the provincial government to implement an immediate
cleanup plan, improve waste management systems, and ensure strict compliance with
environmental standards. This case highlighted the judiciary’s proactive approach in
addressing coastal and marine pollution issues.

 Climate Change Litigation: Youth Petitioners v. Government of Pakistan

 In a pioneering case, a group of young climate activists filed a petition against the
government for inadequate action on climate change. The petitioners argued that the
government’s inaction violated their constitutional rights to a healthy environment
and future. The Islamabad High Court recognized the urgency of the climate crisis
and ordered the government to develop and implement a comprehensive climate
action plan, involving youth in decision-making processes. This case underscored the
judiciary’s role in addressing intergenerational equity and empowering youth in
climate governance.
 Water Scarcity Case: Farmers v. Government of Sindh
 In this case, farmers from Sindh province filed a petition against the provincial
government, alleging mismanagement of water resources leading to severe water
scarcity affecting agriculture and livelihoods. The Sindh High Court ruled that the
government must implement efficient water management practices, including
equitable distribution, improved irrigation systems, and conservation measures. This
case highlighted the judiciary’s role in addressing resource management issues
critical to sustainable development and agricultural sustainability.

 Pollution from Brick Kilns: Public Interest Litigation

 Public interest litigation was filed against the operation of brick kilns, which were
major sources of air pollution in Punjab. The Lahore High Court mandated the
adoption of cleaner technologies, such as zigzag kilns, and strict enforcement of
emissions standards. This case demonstrated the judiciary’s proactive stance in
combating air pollution and promoting technological innovation to mitigate
environmental harm.

 Mangroves Conservation Case: Environmental Organizations v.

Provincial Government
 Environmental organizations filed a petition against the Sindh provincial government
for failing to protect mangrove forests along the coast. The Sindh High Court ordered
immediate measures to halt the destruction of mangroves, restore degraded areas, and
strictly enforce conservation laws. This case underscored the critical importance of
coastal ecosystems and the judiciary’s role in preserving them.

 Noise Pollution Case: Residents v. Local Authorities

 In a case filed by residents of an urban area against local authorities for failing to
control noise pollution from commercial activities, the Lahore High Court ruled in
favor of the petitioners. The court mandated stricter enforcement of noise regulations,
ordered the implementation of noise control measures, and instructed local authorities
to regularly monitor noise levels. This case highlighted the judiciary's role in
addressing urban environmental issues impacting public health and quality of life.

 Public Health and Air Quality: Dr. Pervez Hassan v. Government of

Punjab
 Dr. Pervez Hassan, a renowned environmental lawyer, filed a petition against the
Government of Punjab for its failure to address worsening air quality in Lahore. The
Lahore High Court directed the government to implement comprehensive air quality
management strategies, including stricter vehicle emission standards, promotion of
public transport, and enhanced monitoring of industrial emissions. This case
emphasized the critical connection between environmental protection and public
health.
 River Pollution Case: Fishermen’s Association v. Industrial Enterprises
 The Fishermen’s Association brought a legal challenge against industrial enterprises
that were releasing untreated waste into the Indus River, resulting in significant harm
to fish populations and water quality. The Sindh High Court mandated that these
industries install effluent treatment plants and adhere to stringent environmental
standards. Additionally, the court instructed governmental bodies to actively monitor
river pollution and provide support to affected fishermen. This case highlighted the
critical importance of shielding water bodies from industrial pollution and
safeguarding the livelihoods reliant upon natural resources.

 Plastic Pollution Case: Citizens v. Federal Government

 Environmental activists and concerned citizens initiated legal proceedings against the
federal government, citing inadequate measures to combat the proliferation of plastic
pollution. The Islamabad High Court issued directives compelling the government to
enforce a ban on single-use plastics, promote recycling initiatives, and enhance public
awareness campaigns on plastic pollution. This legal action underscored the
judiciary’s pivotal role in addressing the widespread issue of plastic waste and
promoting sustainable environmental practices.

 Climate Refugees Case: Internally Displaced Persons v. Government of

Pakistan
 In a landmark case addressing the challenges faced by climate refugees, individuals
displaced by floods petitioned the government for failing to provide adequate support
and resettlement assistance. The Supreme Court of Pakistan acknowledged the rights
of climate refugees and mandated the development of comprehensive policies to
facilitate their rehabilitation, encompassing provisions for housing, healthcare, and
education. This case underscored the judiciary’s responsibility in safeguarding
vulnerable populations impacted by climate change.

 Urban Green Spaces Case: Environmental Activists v. Karachi

Development Authority
 Environmental activists initiated legal action against the Karachi Development
Authority for encroaching upon public parks and green spaces to facilitate
commercial development. The Sindh High Court ruled in favor of the petitioners,
ordering the restoration of encroached areas and the protection of urban green spaces.
This case emphasized the critical importance of preserving green areas within urban
settings to maintain ecological equilibrium and enhance public well-being.

 Renewable Energy Promotion: Clean Energy Advocates v. Federal

Government
 Clean energy advocates filed a petition against the federal government, asserting
sluggish progress in promoting renewable energy sources. The Islamabad High Court
directed the government to expedite the implementation of renewable energy projects,
introduce incentives for investments in clean energy, and reduce dependency on fossil
 fuels. This legal challenge highlighted the judiciary’s pivotal role in advancing
sustainable energy transitions and mitigating the adverse impacts of climate change.

 Water Privatization Case: Public Interest Litigation v. Government of

Punjab
 Public interest litigation was filed contesting the Government of Punjab’s decision to
privatize water supply services. Petitioners argued that privatization would escalate
water tariffs and diminish access for marginalized communities. The Lahore High
Court upheld that water is a fundamental public good crucial for life, instructing the
government to ensure equitable access and affordability. This case reinforced the
principle that essential resources like water must be managed in a manner that serves
the public’s best interests.

 Industrial Pollution and Public Health: Residents of Korangi v. Various

Industries
 Residents of Korangi, an industrial area in Karachi, filed a petition against several
industries for exacerbating air and water pollution, which posed severe health risks to
the local population. The Sindh High Court mandated that industries adopt cleaner
technologies, enhance waste management practices, and implement rigorous
emissions monitoring. The court further instructed local authorities to strictly enforce
environmental regulations. This case highlighted the judiciary’s crucial role in
shielding vulnerable communities from industrial pollution and safeguarding public
health.

 Mining and Environmental Degradation: Local Communities v. Mining

Companies
 Local communities affected by mining activities in Balochistan petitioned against
mining companies, citing environmental degradation and the loss of livelihoods. The
Balochistan High Court directed the companies to conduct comprehensive
environmental impact assessments, rehabilitate affected areas, and compensate
impacted communities. This case underscored the necessity for responsible mining
practices and the protection of the rights and environments of local communities.

 Environmental Impact of Mega Projects: Environmental Lawyers

Association v. CPEC Authority
 The Environmental Lawyers Association filed a petition challenging the
environmental ramifications of mega infrastructure projects under the China-Pakistan
Economic Corridor (CPEC) Authority. The Islamabad High Court instructed the
authority to conduct thorough environmental impact assessments for all projects,
involve local communities in decision-making processes, and implement measures to
mitigate adverse impacts. This case emphasized the importance of balancing
development objectives with environmental sustainability.
 Deforestation in the Northern Areas: Indigenous Peoples v. Forest
Department
 Indigenous communities from Pakistan’s northern regions filed a petition against the
Forest Department for its failure to prevent illegal logging and deforestation activities.
The Supreme Court of Pakistan mandated immediate actions against illegal loggers,
the restoration of degraded forests, and the inclusion of indigenous communities in
forest management initiatives. This case highlighted the judiciary’s critical role in
protecting forests and upholding the rights of indigenous peoples.

 Marine Pollution from Oil Spills: Fishermen’s Cooperative v. Oil

Companies
 Following a significant oil spill off Karachi’s coast, the Fishermen’s Cooperative
filed a petition against responsible oil companies. The Sindh High Court ordered the
companies to undertake cleanup operations, compensate affected fishermen, and
implement preventive measures against future incidents. This case underscored the
imperative of corporate accountability and environmental stewardship in preserving
marine ecosystems.

 Protection of Ramsar Sites: Environmental NGOs v. Government of

Pakistan
 Environmental NGOs initiated legal proceedings to safeguard Ramsar sites
(internationally significant wetlands) in Pakistan from degradation. The Supreme
Court directed the government to enforce stringent protection measures, intensify
conservation efforts, and prohibit activities that could compromise their ecological
integrity. This case emphasized the judiciary’s commitment to upholding
international environmental commitments and preserving critical habitats.

 Sustainable Urban Planning: Civil Society Organizations v. Lahore

Development Authority
 Civil society organizations filed a petition against the Lahore Development Authority,
challenging unsustainable urban development projects. The Lahore High Court halted
projects that did not comply with sustainable urban planning principles, emphasizing
the necessity for green spaces, effective waste management, and adequate
infrastructure. This case highlighted the judiciary’s role in promoting sustainable
urban development practices.

 Climate Adaptation in Agriculture: Farmers v. Ministry of Agriculture

 Farmers affected by climate change-induced droughts petitioned the Ministry of
Agriculture for inadequate support and adaptation measures. The Islamabad High
Court instructed the ministry to develop and implement climate-resilient agricultural
practices, support affected farmers, and enhance water-efficient irrigation systems.
This case underscored the government’s responsibility in adapting to climate change
impacts on agriculture.
 Conservation of Himalayan Glaciers: Environmentalists v. Government
of Gilgit-Baltistan
 Environmentalists filed a petition to protect Himalayan glaciers in Gilgit-Baltistan
from the impacts of climate change and human activities. The Gilgit-Baltistan Chief
Court ordered the government to implement conservation measures, restrict harmful
activities, and promote research on glacier preservation. This case highlighted the
critical importance of preserving glaciers, vital sources of water for millions of
people.

 Renewable Energy Development: Solar Energy Advocates v. National

Electric Power Regulatory Authority
 Solar energy advocates challenged the National Electric Power Regulatory Authority
(NEPRA) for inadequate promotion of solar energy. The Islamabad High Court
directed NEPRA to eliminate barriers to solar energy development, provide
incentives for solar projects, and integrate renewable energy into the national grid.
This case emphasized the judiciary’s role in advancing renewable energy initiatives
and addressing climate change.

 Air Quality Standards Enforcement: Citizens of Lahore v.

Environmental Protection Agency
 Citizens of Lahore filed a petition against the Environmental Protection Agency for
failing to enforce air quality standards. The Lahore High Court mandated the agency
to implement rigorous air quality monitoring, enforce emission standards for vehicles
and industries, and develop a comprehensive air pollution control strategy. This case
highlighted the judiciary’s role in ensuring governmental accountability in
environmental governance.

 Wetlands Conservation: Fisherfolk Forum v. Provincial Government

 The Fisherfolk Forum challenged the provincial government for insufficient
protection of critical wetlands essential for biodiversity and local livelihoods. The
Sindh High Court ordered the government to enhance efforts in wetland conservation,
prevent encroachments, and involve local communities in management activities.
This case underscored the significance of safeguarding wetlands for ecological
balance and socio-economic welfare.

 Protection of Endangered Species and Habitats: Wildlife

Conservationists v. Provincial Wildlife Departments
 Wildlife conservationists filed a petition against provincial wildlife departments for
inadequate protection of endangered species and habitats. The Supreme Court
directed the departments to strengthen enforcement of wildlife protection laws,
increase penalties for poaching, and intensify conservation efforts. This case
highlighted the judiciary’s role in preserving biodiversity and enforcing wildlife
conservation laws.
 Public Health and Environmental Justice: Residents of Gadap v.
Industrial Polluters
 Residents of Gadap, Karachi, filed a petition against industrial polluters for causing
severe health issues due to air and water pollution. The Sindh High Court ordered
industries to implement pollution control measures, compensate affected residents,
and adhere to environmental standards. This case underscored the judiciary’s role in
addressing environmental justice concerns and protecting vulnerable communities.

 Illegal Wildlife Trade: Animal Rights Activists v. Wildlife Traffickers

 Animal rights activists submitted a petition against wildlife traffickers involved in the
illegal trade of endangered species. In response, the Islamabad High Court mandated
a crackdown on wildlife trafficking networks, imposed strict penalties on violators,
and bolstered surveillance at border points. This case underscores the judiciary’s
dedication to combating illegal wildlife trade and safeguarding endangered species.

 Hazardous Waste Management: Environmental NGOs v. Industrial

Estates
 Environmental NGOs lodged a petition against industrial estates for improper
disposal of hazardous waste, leading to soil and water contamination. The Lahore
High Court directed these estates to adopt safe waste management practices, establish
treatment facilities, and comply rigorously with hazardous waste regulations. This
case highlights the judiciary’s role in ensuring safe disposal of industrial waste and
protecting environmental health.

 Flood Management and Climate Adaptation: Affected Communities v.

Provincial Disaster Management Authority
 Communities affected by recurrent flooding filed a petition against the Provincial
Disaster Management Authority for inadequate flood management and climate
adaptation measures. Responding decisively, the Sindh High Court ordered the
authority to improve flood defenses, develop comprehensive flood management
plans, and support climate-resilient infrastructure. This case emphasizes the
judiciary’s role in enhancing disaster preparedness and climate resilience.

 Toxic Chemical Exposure: Workers’ Union v. Chemical Industry

 The Workers’ Union brought a petition against a chemical industry for exposing
workers to toxic chemicals without proper safety measures. The Sindh High Court
ruled in favor of the workers, ordering the industry to implement stringent
occupational health and safety standards, provide medical care to affected workers,
and adhere to environmental regulations. This case highlights the importance of
protecting workers from industrial hazards and ensuring workplace safety.
 Urban Water Supply and Quality: Citizens of Karachi v. Karachi Water
and Sewerage Board
 Citizens of Karachi filed a petition against the Karachi Water and Sewerage Board
for failing to provide safe and adequate water supply. In response, the Sindh High
Court directed the board to upgrade water supply infrastructure, conduct regular water
quality testing, and address issues related to water theft and contamination. This case
emphasizes the judiciary’s role in ensuring access to clean water as a fundamental
right.

 Environmental Impact of Tourism: Residents of Murree v. Tourism

Development Corporation
 Residents of Murree filed a petition against the Tourism Development Corporation
for promoting unchecked tourism that led to environmental degradation. In its ruling,
the Lahore High Court instructed the corporation to implement sustainable tourism
practices, regulate visitor numbers, and preserve natural landscapes. This case
underscores the need for balancing tourism development with environmental
conservation.

 Soil Conservation and Sustainable Agriculture: Farmers v. Provincial

Agriculture Department
 Farmers filed a petition against the Provincial Agriculture Department for neglecting
soil conservation and sustainable agricultural practices. Responding to this, the
Lahore High Court ordered the department to develop and implement soil
conservation programs, promote sustainable farming techniques, and assist farmers
in adopting best practices. This case underscores the importance of sustainable
agriculture for food security and environmental health.

 Preservation of Cultural and Natural Heritage: Heritage Preservation

Society v. Urban Development Authority
 The Heritage Preservation Society filed a petition against the Urban Development
Authority for approving construction projects that threatened cultural and natural
heritage sites. In a landmark decision, the Sindh High Court ruled in favor of the
petitioners, ordering the protection of these sites and the integration of heritage
conservation into urban planning. This case emphasizes the judiciary’s role in
preserving cultural and natural heritage for future generations.

 Noise and Air Pollution from Transport: Residents of Islamabad v.

Capital Development Authority
 Residents of Islamabad petitioned against the Capital Development Authority for
failing to control noise and air pollution from increasing traffic. In response, the
Islamabad High Court mandated the authority to develop and enforce stricter vehicle
emission standards, improve public transport systems, and establish green buffers to
mitigate noise pollution. This case highlights the judiciary’s role in addressing
transportation-related environmental issues in urban areas.
  Protection of Marine Life: Marine Biologists v. Fisheries Department
 Marine biologists filed a petition against the Fisheries Department for inadequate
measures to protect marine life from overfishing and habitat destruction. The Sindh
High Court issued a significant ruling, ordering the department to implement
sustainable fishing practices, establish marine protected areas, and enforce
regulations to conserve marine biodiversity. This case underscores the importance of
marine conservation and the judiciary’s role in safeguarding ocean ecosystems.

Conclusion
The judiciary in Pakistan has played a crucial role in promoting environmental protection and
sustainable development through significant legal decisions. These cases demonstrate the
courts' dedication to defending environmental rights, tackling pollution issues, and preserving
natural resources. To effectively address environmental challenges, Pakistan needs to establish
strong regulatory frameworks, improve enforcement measures, and raise public awareness. It
is vital to integrate sustainable practices across all sectors, invest in eco-friendly infrastructure,
and encourage community engagement to ensure lasting environmental resilience. The
proactive approach of the judiciary acts as a guiding light, steering the country towards a future
that is sustainable and environmentally equitable.