' SYED HAMID ALI SHAH, J.---Press-clipping appeared in "Daily Nawa-e-Waqt" in it's print dated 26- 7-2008 that respondent's project emits dangerous emissions and has made the water of the drain and also of the River Chenab poisonous, which has caused diseases in the inhabitants of the locality and has proved fatal to the animals.
2. Allah Ditta and others of village Jhani Khizer and Jhamp sent a mercy petition to various authorities including the Honourable Chief Justice of this Court, stating therein that effluents of the Crystalline Chemical Industries (Private) Limited is spreading diseases among the residents and the animals of the locality. The mercy petition was treated as an application on the constitutional side and the matter was placed before me, by the Honourable Senior Vacation Judge, on 23-8- 2008. A report was called from DPO, Jhang and Syed Mansoor All Shah, Advocate and Ms. Saima Amin, Advocates, were appointed as commission to submit a report vide order dated 30-8-2008.
Punjab Environmental Projection Agency was impleaded as a party on 29-11-2007. Subsequently, another commission was appointed and Mr. Akhtar H. Awan, Advocate was assigned the task to determine adverse effects of effluents. Director, EPA and officials of PCSIR were directed to facilitate him for the task assigned to him. In the course of proceedings, the residents of the locality agitated the matter and incident resulted into loss of lives of the local residents.
3. First report submitted by Syed Mansoor Ali Shah, Advocate and Ms. Saima Amin, Advocate reflected that effluents, omitting from the factory, are dangerous and unhealthy. These effluents pollute the drain as well as river Chenab. Photographs and other material was also placed on record. The Commission made serious efforts, visited the premises, interviewed various residents of the locality and then submitted the report. Thereafter the matter was adjourned.
4. A committee of experts also submitted their recommendations, comprising of Director General, EPA, Punjab, Director, Chemical Engineering Department UET. Lahore, Director, Institute of Chemistry, Punjab, Lahore Toxicologist, Institute of Public Health, 6 Birde Wood Road, Lahore, Representative of PCSIR, Lahore, Representative of Irrigation, Food and EPD, Lahore and Executive District Officer (W and S), Sargodha. The committee of experts suggested following instructions:-- ' The factory be allowed to restore the operation in 'larger national interest.
' After 20 days of restoration of the operation of the factory, sampling and analysis of the effluents and gaseous omissions will be conducted by a joint team of EPA, Punjab and Crystalline Chemicals.
' If the effluents of the factory are excessive to NEQS, the unit will be given two years, under concept of 25/75 industrial improvement plan.
' After two years, the factory will ensure compliance of NEQS.
' The unit will register himself under SMART program immediately.
5. Mr. Akhtar H. Awan, Advocate submitted report and suggested following recommendations:-- "(1) Management of the factory has applied for its registration with Federal EPA under the National Environmental Quality Standards Self-Monitoring and Reporting by Industry Rules, 2001 (Smart Program) Environment Policy has also been given to the EPA. Monitoring and checking of the effluents in accordance with the rules should be done on regular basis and report should be submitted to the concerned Environment Protection Agency accordingly.
(2) The factory should positively maintain quality of its effluents within prescribed limits of the NEQS.
(3) The management along with the Irrigation Department officials should keep check on the activities of the people around not to obstruct the flow of the Drain in any way. So that they cannot make any pond to collect water for their cattle and agriculture.
(4) Monitoring of the area should be done on consistent basis in order to avoid any unusual and harmful situation. As it is a big project, so it should be the responsibility of the management of the factory.
(5) Extensive tree plantation should be done in and around the factory fruit trees, ever-green and indigenous species should be preferred to enhance cool effect of the landscape. In order to achieve all this proper landscape of the site should be planned and implemented more successively than it is today. Aesthetic beauty of the area should be kept in mind and more research should be done for the purpose.
(6) Maintenance of the plant should be done on priority and regular basis in order to avoid any type of wear and tear of the plant, so that any mishap in the shape of leakage could be avoided.
Safety of the plant must be ensured to reduce the chances of any leakage or any other loss to the environment.
(7) Training of the staff should be carried out in order to make them more environment friendly and awareness should be created about the issues of environment as it is also the requirement of ISO certification.
(8) The management should have command on the knowledge of the adverse environmental effects of the plant so that they could take strong remedial measures to cope with the issue in future.
(9) The Memorial Dispensary that has been established for the treatment of workers as well as the general people of the area is a good effort and should be continued on permanent basis in full zeal and zest. As the people come to the Dispensary for the treatment purpose, they would come to know more information. So interaction would be increased between people and the management.
The facility should be carried out more efficiently and must be improved in its medical facilities to tackle emergency cases also.
(10) Educate people to make them aware of nature of the plant and how to get benefits out of it.
The people should have sufficient knowledge of the produce of the factory and its proper use in order to make consensus over the produce of the factory as it is also encouraging other alternate fuel source. Discussions should be conducted with the people to take their related problems and get them resolved on earlier basis as it should be. Informatory Boards are displayed to meet the purpose but is should be more coordinated and functional in order to warn them about the area and its environment.
(11) Keep in collaboration with the technical staff in order to chalk out new ideas to always welcome new environment friendly technologies with all its benefits.
(12) Pakistan is a developing country and new clean technologies should be introduced in all sectors in order to make improvement in the environment keeping in view all the protocols of the technology to get benefits of the green technology to reduce adverse environmental effects.
(13) Such plants should be installed to carry out operation to produce ethanol as many countries are heading towards such technology to cope with the issues of depleting non-renewable resources including developing and developed countries. So such projects should be encouraged in our country as we are already deficit in energy resources if they take into consideration all necessary environmental friendly measures."
6. Subsequently, the respondent's factory Crystalline Chemical Industry installed effluent treatment plant and invested huge amounts to make their project environmental friendly. The improvements and alteration in the plant and in the factory, were examined by EPA chemical experts and the local commission. They found that by making necessary arrangements, the project of the respondents is no more threat to the environment. The environmental management plant was chalked out by the respondents. They entered into an agreement for consultancy and the project was issued BS EN ISO 9001:2000 certificate showing that the Crystalline Chemical Industry is following the quality assurance standards. The license is valid till 20th December, 2008. Effluents and waste management, as per report of EPA and other agencies, is up to the level.
7. In view of the reports of the Commission and other material, no further action is required to be taken against the respondents. This order, however, will not rectify illegal acts committed by the respondents in the course of their business. The F.I.Rs, and other proceedings will continue and will be decided on merit, without being influenced by this order.
8. This petition is disposed of with the direction to the respondents to comply with the formal requirements, so as to keep their project environmental friendly.
9. Before parting with this order, the respondents are warned that to keep their project environmental friendly, effluents do not exceed their permissible limit. In case, the respondents are found guilty, the proceedings will be started afresh against them. Director EPA, Punjab will constantly monitor the project of the respondent and will maintain a record in this regard so that, as and when it is required, the record be summoned and examined.