1. MUHAMMAD NAWAZ ABBASI, J.---In the proceedings in CP No,40/2008 (Muhammad Shafique. v.
2. Muhammad Arif) in which environmental issue was involved, notice was also issued to C.D.A., Islamabad, to explain the arrangement of supply of clean water to the residents of Islamabad and disposal of waste and rubbish.
2. Dr. Babar Awan, learned ASC, while assisting the Court as amicus curiae, has submitted a report on the issue wherein he ,has pointed out that as a result of supply of unclean water throughout the country, the citizens are facing serious diseases including hepatitis and in Islamabad, the drinking water, being supplied by the C.D.A., is also not free from pollution. The report reads as under:-- "Environmental issues in Pakistan.--threaten the economy and the population's health,. And there is little indication of their abatement.
3. Economic effects A 1997 World Bank study estimated the annual cost of Pakistan's environmental problems at US$ 1.8 billion in health expenditures, reduced labour productivity, and other costs. The availability of natural resources is limited by the dry climate and mountainous terrain, substantial population growth is increasing pressure on the resource base, and resource management has suffered from the emphasis on rapid economic growth and often-unregulated forms of economic productivity.
4. As a result, human transformation of the environment is manifest in several problems. Population growth and poor water infrastructure have reduced per capita water availability from 53,000 cubic meters to 1,200 cubic meters, and heavy reliance on firewood has contributed to the world's second highest rate of deforestation. Poor agricultural practices have led to soil erosion, groundwater degradation, and other problems that have hindered crop output and contributed to health problems for rural communities.
5. Solid waste burning, low-quality fuels, and the growing use of fuel-inefficient motor vehicle have contributed to air pollution that in some cities-such as Karachi, Islamabad, Lahore, Peshawar, Quetta, Faisalabad and Rawalpindi---has exceeded levels deemed safe by the World Health Organization.
6. Industrial Pollution The major industrial sectors in Pakistan are textile, metal, dying chemicals, pesticides, cement, petrochemical, energy and power, leather, sugar processing, construction, steel, engineering, pulp, paper, tanning, food processing, beverages, electronic consumer goods and mining. The typical hazards related to industry are noise, vibrations, greenhouse effect, radiation, chemicals, electromagnetic radiation and microbiological and social problems like streets and fatigue.
7. Chromium compounds are a typical cause of concern from dyes and tanneries and may lead to lung cancer and ulcers. Toxic and hazardous wastes in Pakistan are mainly the by-product of the chemical and petrochemical dying industries. Industrial pollution is thought to be responsible for the health problems people are experiencing at Manga Mandi.
8. Water Pollution Fact sheet Growing population, increased economic activity and industrialization has resulted in an increased demand for fresh water. In addition, repaid urbanization is changing patterns of consumption. This has caused a severe misuse of water resources. Discharging untreated sewage and chemical wastes directly into rivers, lakes and drains has become a traditional habit. Water bodies can no longer cope with the increasing pollution load. In Pakistan, water is mainly used for industrial, agricultural and domestic purposes.
9. The following table shows its percentage consumption of every use.
10. Purpose Percentage Agriculture 69% Industry 23% Domestic uses 8% Since most water is being used by the agricultural sector, irrigation can cause water logging and salinity. This happens when the water table rises close to the surface of the soil. If plants do not use this water, it evaporates, leaving salts behind. Even in uncultivated, barren lands, a water table within 2 meters of the surface can cause salinity in the soil. If irrigation water containing high levels of contaminants evaporates, it can result in damage to the soil. The Punjab province draws its major share of drinking water from the natural ground water aquifer. Groundwater becomes contaminated when .Chemicals from surface water sep into soil and come in contact with the flowing groundwater. The movement of groundwater is through open spaces in soil and rock layers, which is usually very slow, indicating a very low dilution of contaminants. According to WHO, .Groundwater of Lahore up to 700-ft deep has been seriously contaminated and should not be used for human consumption. In 1989, pollution was found to a depth of 300-ft, and to 500 ft in 1992.
11. Industries Industrial wastewater contains toxic chemicals. It is alarming that most industries have been started without proper planning and waste treatment plaints. They just dispose of untreated toxic waste into nearby drains, canals or rivers. Lahore, Faisalabad, Karachi, Sialkot contribute major pollution loads into their water bodies.
12. According to an EPD source, 9000 million gallons of wastewater having 20,000 tons of BOD5 loading are daily discharged into water bodies from the industrial sector. [Proceedings of International Symposium by CEWR in 1993, Paper By M.A. Salem]. Automobile service stations are another major contributor to surface water pollution. Untreated oil, grease and dirt find its way into nearby canals and rivers where it damages the ecosystem.
13. Water pollution and humans Karachi's untreated wastewater from domestic sewage and industrial estates is discharge into the Layari and Malir rivers, which fall into the Arabian sea. This waste has begun to pose a serious threat to the marine environment, as the channel water is contaminated not only with bacteria but also with toxic chemicals. Water pollution also extends a . Savage threat to wildlife of Pakistan.
14. Animals drink water out of polluted water bodies, ailing ponds, rivers and streams. This sickens the animals and some may even die. Oil spills kill thousands of fish in oceans. Extreme pollution of river Ravi has destroyed the once existing 42 species of fish and the bird life around the river has migrated to other areas. Survival of small invertebrates, micro fauna and flora is also threatened.
15. Persistent Organic Pollutants Fact sheet Persistent Organic Pollutants (POPs) are carbon-based chemical compounds and mixtures, that include industrial chemicals. Most Pops are products and by-products of human industry and are of relatively recent origin.
16. The story so far.--Concern is growing about POPs because they accumulate in body fat and in the environment. The problem is worse in colder climates as they breakdown more slowly at lower temperatures. As they can be transported through both air and sea, the problem of POPs crosses national boundaries. Traces of these chemicals can be found in most human beings and all kinds of wildlife, even in isolated parts of the globe. POPs are banned in most countries because of their harmful effects. Despite this they are still being used as pesticides in many countries including Pakistan.
17. POPs---The dirty dozen of the many existing POPs, the following twelve are currently being studied:-- Aldine:-applied to soil Clalordane DDT Dieldrin Dioxins:-produced by combustion Endrin Furan Heptachlor Hexachlorobenzene (HCB)
18. Mirex Polychlorinated Biphenllys (PCBs) are used in industry as heat exchange fluids, in electric transformers and capacitors, and as additives in paint, carbon-less copy paper, and plastics. They are toxic to fish, suppress the human immune system and are listed as probable human carcinogens. Countries which ban PCBs include Austria, Germany, Switzerland, and the US.
19. Toxaphene Environmental Legislation At independence, Pakistan inherited a number of laws from the colonial period that were converted to environmental provisions. The Constitution of 1973 mentions environmental objectives in the preamble, but no specific law was drafted to that time. In 1983, the Pakistan Environmental Protection Ordinance (PEPO) was passed. This highlighted the need to have a framework of environmental law in Pakistan to address emerging national issues. PEPO established the Pakistan Environmental Protection Council (PEPC) and the Pakistan Environmental Protection Agency, as well as introducing the concept of Environmental Impact Assessments. It is unfortunate that PEPO has remained largely unimplemented. PEPC met in 1993 for the first time and approved National Environmental Quality Standards (NEQS), which later formulated the limits on major pollutants in municipal and industrial liquid effluents, industrial gaseous emissions, motor vehicle exhaust and noise.
20. The draft Environmental Protection Act, which Lapsed in 1996 after failing to be approved in the National Assembly has recently been redrafted and unanimously passed by the Assembly."
3. The report was circulated to the concerned departments in the Federal and Provincial Governments but none has submitted satisfactory answer to resolve the issue and solve the environment problem. The representatives of Federal Government and Provincial Governments have not been able to justify inaction in case of breach of environment laws.
21. The representatives of C.D.A. Have stated that drinking water is being supplied in the city of Islamabad free of any pollution and all precautionary measures are taken to keep the water reservoirs neat and clean. They have also pointed out that treatment plant is being installed outside the city for disposal of waste and rubbish etc. And that maximum efforts are being made to keep the city neat and clean. Sh Zamir Hussain, learned ASC was deputed to verify the contents of the statement made by the representatives of C.D.A. And perusal of the report submitted by him would show that the position explained by the representative of C.D.A. Was correct as the reservoirs of drinking water of C.D.A. Are properly managed and all precautionary measures are being taken to keep the water clean. The report is read as under:-- "Respectfully sheweth:-- (1). In compliance with the order of this Honourable Court dated 20-3-2008 I visited the various sites. I was accompanied by Mr. Maqood Director Supply, Mr. Shah Murtaza Deputy Director General Law, Abdul Baqi Deputy Director Litigation, Mr. Suleman Sheikh Deputy Director Environment, Mr. Sajjad Deputy Director Environment Protection, Mr. Ayub Tariq Director Regional Planning, Mr. Shahid Director Bulk Water Management, Mr. Sherazi Sami Assistant Director Sanitation and also Raja Abdul Ghafoor Advocate.
22. The expert officials imparted relevant information on the subject.
(1) The first site was the Nallah Noorpur. It allegedly originates in Margallah Hills and falls in Rawal Dam. Quaid-e-Azam University, Village Nurpur, area and of Bari Imam situates at its banks or in the vicinity. The sewerage water of the said localities falls in the said Nullah and ultimately in the Rawal Dam.
(2) The second site was Korung River. It originates in the Murree Hills and while lastly running through populated area of Bhara Kahu falls in Rawal Lake. The sewerage water of upstream populated area and alsp Bhara Kahu falls in Koruge River and ultimately in the Rawal Lake. Thus polluting the whole Rawal Dam. I wonder if such a polluted water could be made potable.
23. It may be pointed out that the area from Bhara Kahu to Chhatar falls within the territory of Islamabad Capital Territory. The rest falls within the Province of Punjab and its managed by Small Dam Organization.
24. However, the area wherein Nallah Noorpur runs throughfall within the area governed by C.D.A.
25. It appears appropriate that the authorities concerned be directed to construct large septic tanks at appropriate places and also the sewerage treatment plants where after the water is used for green area in the University Campus and agriculture purposes in the villages. As a matter of fact the civil society is also responsible for such pollution either due to lack of awareness or other constraints. The issue cannot be possibly settled without the cooperation of the population.
26. I may point out that I have not been able to visit water treatment plant allegedly functioning at the Rawal Dam which provides drinking water to population of Rawalpindi.
(3) The third site we visited was the water treatment plant near the Helipad Islamabad. The said plant is situated in the forest near Shakar Parrian. A six feet high wall stand constructed around the plant. Besides 2 to 3 feet high fence of bar bard wire is also constructed. Thus the entry of any wild life like cats and logs is too remote possibility. Moreso when there is no attraction for the wild animals within the four walls of the plant. Naturally three has to be something to eat within that may attract the animals.
27. The said plant consists of six water tanks which are allegedly 10 to 12 feet deep. Filtration bed are laid which consists of sand and gravel to filter down the water which is sucked to main plant where Chlorine is mixed and then pumped to main reservoir at Shakarparian.
(i) observed Algae/Kai in three water tanks. A positive indication that water tanks were not kept clean. Initially the Algae/Kai may not be injurious to health but if it is not periodically removed then colonization of other injurious vegetation cannot be ruled out. Upon inquiry, I found that there was no register to show that water tanks visited and checked by the experts periodically.
28. It would be useful to direct that the water tanks and the plant itself be periodically checked and such visits be registered.
(ii) A periodical change of bed would be more beneficial. It would cost, as informed, about 4 to 5 Lacs of rupees. The cost is not much for such a benefit.
(iii) Secondly, I observed that the water tanks are so constructed diet their walls are hardly 1 1/2 feet high from the ground. The officer concerned agreed that it needs to be fenced with a net (Jali) about three feet high and in order to protect the tanks from leafs etc. a net cover could also be used so that the water is protected and at the same time it receives the sunlight which is useful for oxygenation.
(4) The fourth site was sewerage treatment plants. The sewerage is received from almost whole of Islamabad and is scientifically treated. It almost treats, as informed 17/18 millions gallon of water a day and is thrown in Nallah Lai and the solid waste is dewatered and used as fertilizer. The solid waste is spread upon various beds for dewatering. A sufficient piece of land is thus wasted.
29. The dewatering is scientifically possible at a small place like a small hall. It is hoped that the C.D.A.
30. Would take care of it. I wish that such treatment plants are established in Rawalpindi as well as other large cities in whole of Pakistan.
(5) The last site we visited was the water treatment plant at Sangjani. It receives water from Khanpur Dam and the drinking water is supplied to Rawalpindi Cantonment and Islamabad. The visit was a treat. It is managed and run in a best possible manner. The authorities have done a commendable job.
31. Importantly it has own laboratory also. The treated water is scientifically checked by the experts.
32. I was informed that there are more water treatment plants at Shahidra, Noorpur, Saidpur and Samli Dam but without laboratory. It would be appropriate that either a mobile laboratory or centralized laboratory is established to check the quality of the drinking water supplied to citizens.
33. Before parting I would observe that in the totality of things the authorities concerned are functioning reasonably well. An idealistic approach is good but the constraints are also be taken into account specially the financial constraints and importantly the lack of cooperation by the citizens, without their cooperation ideal conditions cannot be obtained. The C.D.A. Has made an effort to launch awareness program but I think much more is required in this behalf not only by the C.D.A. Alone but Government and Non-Government Organization as well. I hope that the above report by a non-expert would lay requisite information to the august Court."
4. However, there is general complaint that drinking water in Islamabad is polluted which is not up to the required standard and similarly, due to other civic problems and cleanliness of the capital city, A there is also complaint of environmental pollution. It is to be pointed out that people in the public and private sector as well as official agencies and the Government departments are care free about the pollution in the environment as dirt and filth can be seen every where through out the country on roads, parks and streets. There is no proper arrangement for removal of waste form the industrial area and similarly heaps of filth and dirt can be seen lying on the open places in populated areas as well as near the water reservoirs and such other places which is right source of pollution in the water, fresh air and also dangerous diseases at the cost of health of common man.
34. This Court in exercise of powers under Article 184(3) of the Constitution cannot make arrangement for removal of filth form public places but can certainly issue directions to the municipal committees, corporation and other concerned agencies in the federal and provincial Government to take necessary steps and adopt measures to step environmental pollution.
5. The concerned Secretaries in the Federal as well Provincial Governments shall issue necessary directions to all concerned including public representatives in the local bodies both in urban and rural areas to keep proper check and control on the environment problem by deputing special teams to inspect the local areas and take remedial steps and in case or any breach also initiate appropriate action in accordance with law.
6. The compliance reports regarding steps taken and measures adopted by the Secretaries in the federal and provincial Governments shall be submitted to the Registrar of this Court within a month for our perusal in chambers.