ISLAMABAD: The Supreme Court directed the Khyber-Pakhtunkhwa government to file a report on framing new laws on stone crushing. A three-member judge bench, headed by Justice Umar Ata Bandial, heard the KP government's appeal to void the legislation on stone crushing.
The bench also sought a report from the Environment Department regarding the instant matter. The court noted that the KP framed new laws, despite the fact that the matter related to stone crushing had been pending before it. Justice Mansoor Ali Shah said stone crushing was an important issue.
He said the apex court, last year in September had passed an order, which had not been implemented. The residents of KP complained that the provincial government did not take action against the stone crushers as many of its plants were owned by the KP MPAs.
They said pollution in Abbottabad was much more than Lahore, but no one talked about it.
Justice Bandial remarked that it seemed that the provincial government was in "deep slumber".
He said the apex court had directed the KP government that the stone crushers should be of international standard. The judge said the local people had attached photographs along with their application. The residents have filed a petition against the construction of a crushing plant near residential areas terming it a violation of the Environment Act.
Advocate Aitzaz Ahsan, representing stone crushers, said his clients were working according to international standards. The Additional Advocate General KP informed that in the new laws the government had reduced the distance from the populated areas from one kilometer to 300 meters.
Justice Mansoor said the reason for reducing the distance had not been explained. He said it seemed that the government had prepared rules in drawing rooms. The AAG KP said the Environment Department described a 300-meter distance, appropriate.
He said the Court commission report also stated that 375 meters of distance of crushers from the populated areas was enough. Justice Bandial said the High Court struck down the power to reduce the distance. He hoped that with the new technology, pollution would be further reduced.
The judge noted that according to the report, the vibration due to stone crushing was felt in the radius of 260 meters and noise pollution traveled 300 meters. The lawyer of the local people informed that the provincial government had framed new rules during the pendency of that case.
According to the new rules, in urban areas the distance should be 500 meters, while in the rural areas it was 300 meters. Justice Bandial said when the appeal against the Peshawar High Court (PHC) was pending then how the provincial government had framed new rules. The court, issuing notice to the KP government, adjourned the case for date in office.
Copyright Business Recorder, 2021
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