' In response to the notices issued by this Court the Chief Engineer S.I.T.E., Karachi and the Administrative Incharge Environmental Protection Agency Sindh have appeared. The learned Addl.
A.-G. Has filed statement/factual note etc. Of Chief. Engineer S.I.T.E. The same is taken on record.
2. This petition is outcome of a letter addressed by the Nazim of the Union Council Allah Bachayo Shoro Taluka Kotri wherein he has stated that the inhabitants of Kotri town and its surroundings are more than a million and are supplied water through K.B. Feeder. He has further stated that K.B.
Feeder water is being used for irrigation as well for Thatta District. The industries in Kotri S.I.T.E.
Discharge the effluent in K.B. Feeder since last many years as a result of which the inhabitants are developing epidemic diseases, besides this the produce of agriculture have been decreased. He has prayed for direction of this Court to restrain the industries from discharging the effluent/toxic contain water in the K.B. Feeder.
3. This letter was converted into the Constitution petition and notices were issued for 7-10-2003 on which date the direction was given to the Managing Director S.I.T.E. And to Director as well as Assistant Director, Environmental Protection Agency Hyderabad to appear in person alongwith the record.
4. Today the Managing Director on account of pre-occupation has designated the Chief Engineer S.I.T.E. To appear, who has appeared and filed his comments.
5. In the comments it has been admitted that the discharge of the effluent is being drained into agricultural land and K.B. Feeder Canal coming out of Kotri Barrage without any physical, chemical or biological treatment of the water. The K.B. Feeder water is polluted which is not only injurious to human life but is also hazardous for crop growing, tree plantation etc. The relevant portion of the comments of the Chief Engineer S.I.T.E. Is reproduced hereinbelow:-- "At present, the effluent from industries located in the jurisdiction of S.I.T.E., Kotri is collected and carried through open lined/unlined drains. These effluents are conveyed to natural storm water drains and water courses draining into Agricultural lands and K.B. Feeder Canal coming out of Kotri Barrage and irrigating a vast land as well as supplying potable water for the city of Karachi without any physical, chemical or biological treatment with the result that the river water flowing through K.B. Feeder gets highly polluted and is very hazardous for crop growing, tree plantation and particularly for drinking purposes by the human population living on down stream side of K.B.
Feeder.
' In the absence of controls on industrial effluent and in view of the presence of toxic elements and heavy metals in the industrial effluents, efforts were not made in the past. The uncontrolled effluent discharged by industries in to open drains has created serious sanitary problems and environmental pollution including contamination of K.B. Feeder water which is hazardous for crops growing. The Federal Government has enforced the 1984, Environmental Protections Ordinance under .a gazette Notification issued on 29th August, 1993 restricting the discharge of untreated domestic and industrial effluents to the environment."
6. In his comments he has further stated that immediate object is to establish a treatment plant in order to treat the industrial effluents before discharge into the K.B. Feeder Canal. According to the Chief Engineer S.I.T.E. Kotri, the total "water supplied to factories in S.I.T.E. Kotri is approximately 1.53 MGD. Based on this intake, a 4 MG Oxidation Pond is proposed. He has further stated that in the event if the treatment plant is to be processed it will take at least 12 months whereas the Pollution Monitoring is proposed to be provided under the project for 2 years. In this regard he has placed on record the letters of the Additional Secretary Government of Sindh Labour, Transport Industries and Commerce Department addressed to the Managing Director S.I.T.E. To finalize the proposal and disposal of work at S.I.T.E. Kotri in the light of the comments prepared by Forest and Environment Department in consultation with Environmental Protection Agency.
7. We are deeply concerned with the inaction on the part of the S.I.T.E. We have noticed from the record that the S.I.T.E. Industrial Town is spread over an area of 1875 Acres, and is situated near K.B.
Feeder Canal. The S .1. T . E. Before establishing the Industrial Area should have anticipated that the industries which were to be established in Kotri would be discharging effluent for which appropriate scheme should have been framed. Instead they chose to sleep over on this essential human issue by draining the waste/toxic water of the industries towards agricultural lands of private persons and in K.B. Feeder Canal what is more regretted that the contaminated water in K.B. Feeder due to the discharge of effluent of the Industries was taken note of by S.I.T.E. And other relevant quarters since 1990 but no effective measures so far have been taken either by the S.I.T.E. Or by the Director General Environmental Protection Agency, Government of Sindh or by the Sindh Government aggravating the, agony of inhabitants to suffer and risk their lives.
8. We have noticed that under clause 10 of the lease agreement issued by the S.I.T.E. On the basis of which the S.I.T.E. Leases out its land for industrial purpose to its allottees, no industry is to be allowed to discharge any dangerous, poisonous or objectionable effluent or matter into the drains or sewers, but to take all such measures as may be necessary to ensure that any effluent or matter so discharged to be deposited within house. Under this clause of lease agreement the S.I.T.E. Has never issued a single show cause to any of the industries. The Chief Engineer present in Court failed to give any reasonable explanation for non-issuance of the show-cause notice to the industries which are working in violation of the terms of the lease and are discharging effluent. The only reply the Chief Engineer has given was that 80 Industries are operative in Kotri S.I.T.E. Area and such a show-cause notice may lead to economical problems. We are not persuaded by this explanation, as industrial activities cannot be given preference over human life.
9. As per the celebrated judgment of the Honourable Supreme Court in the case of General Secretary, West Pakistan Salt Miners Labour Union (CBA) Khewra, Jhelum v. The Director, Industries and Mineral Development, Punjab, Lahore reported in 1994 SCMR 2062 it has been held that Article 9 of the Constitution provides that "no person shall be deprived of life or liberty save in accordance with law". The word 'life' has to be given an extended meaning and cannot be restricted to vegetative life or mere animal existence. In hilly areas where access to water is scare, difficult or limited, the right to have water free from pollution and contamination is a right to life itself. This does not mean that person residing in other parts of the country where water is available in abundance, do not have such right. The right to have unpolluted water is the right of every citizen wherever he lives. A wide meaning should be given to the word life to enable man not only to sustain life but to enjoy it.
10. Article 14 of the Constitution provides that the dignity of a man and subject to law, the privacy of home shall be inviolable. The fundamental right to preserve and protect the dignity of man under Article 14 is unparalleled and could be found only in few Constitutions of the world. The Constitution guarantees dignity of man and also right to life under Article 9 and if both are read together, question will arise whether a person can be said to have dignity of man if his right to life is below bare necessity line without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment.
11. The water has been considered source of life in this world. Without water there can be no life.
History bears testimony that due to famine and scarcity of water, civilization having vanished, green lands have turned into deserts and arid zones completely destroying the life not only of human being, but animal life as well. Therefore, water which is necessary .For existence of life, if polluted, or contaminated, will cause serious threat to human existence.
12. It is the prime duty of the Government to tackle the issue of the nature on top priority basis as the issue pertains to the health of human beings. The uninterrupted discharge of the effluents of the Industries in K.B. Feeder which according to the comments of the S.I.T.E. Is injurious to human consumption besides having damaging effect on the agriculture industry has made the life of all the inhabitants and agriculturists miserable. It is high time that the S.I.T.E. Should seek enforcement of the terms of its lease against the industries for the violation of the terms of the lease on the ground of draining polluted water effluent in K.B. Feeder and take further penal action against those Who are violating the terms of the lease, in accordance with law in order to safeguard the lives of thousands inhabitants.
13. It is also equal responsibility of the authorities constituted under the Pakistan Environmental Protection Act, 1997 to prosecute the concerned Industrialist for wilfully violating the provisions of Pakistan Environmental Protection Act, 1997.
14. We, for the aforesaid reasons direct the M.D. S.I.T.E. To seek enforcement of the terms of the lease/allotment against all those industries who are responsible for the discharge of the effluents in K.B. Feeder by taking appropriate steps in order to restrict them from discharging effluents in the K.B. Feeder Canal. We also direct the Director General Environmental Protection Agency to prosecute the Industrialists who are violative the provisions of Act 1997 in order to restrict them from discharging effluents or waste in the K.B. Feeder Canal by the Industries.
15. Since the issue is very serious, which has direct nexus to the human life and health we direct the Sindh Government to take effective measures ensuring the public functionaries referred to herein- above to comply with this order so as to save the lives of the inhabitants of the town and its suburbs who are consuming contaminated water by restricting the industries from discharge of the effluents and waste in K.B. Feeder Canal, as under Article 38(d) it is the primary duty of the Government to provide basic necessities of life which includes unpolluted water for their consumption:, This order be communicated to the Chief Secretary, Secretary Industries Government of Sindh and Advocate-General Sindh for compliance and information.
16. The petition stands disposed of in above terms.