SC summons all former and present top officials of EPA

recorder report

ISLAMABAD: The Supreme Court on Monday summoned all the high-ups of Environmental Protection Agency (EPA) from 2004 till date who have been involved in issuance of notification for setting up cement factories in the area near to Katas Raj Temple, particularly former Secretary EPA Fiaz Bashir Warriach, on upcoming Thursday.

A three-judge bench, headed by Chief Justice Mian Saqib Nisar heard the suo moto which he had taken pertaining to drying out of Katas Raj Temple's pond, as the cement factories have dug tube-wells in that area.

The Chief Justice directed the owners of the cement factories including Bestway Cement, DG Khan Cement and Dandot Cement to sit with the petitioners for reaching a viable solution. "We need solution for the protection of fauna and flora and aquifer." The Chief Justice said if no viable solution is reached then it could not be permitted to carry out cement business in that area. The counsel of Gharibwall Cement Factory, which is also located in that area, informed that instead of using groundwater, the management has made plan to bring water from river.

During the proceeding, the Chief Justice said they have issued notice to the authorities to apprise the court what steps they had taken for the construction of small dams, as the country is facing water shortage and people are facing a lot of hardships. There is acute shortage of water in the country and the governments, both federal and provincial, are not thinking about constructing small dams. He said the owners are only concerned about their business and would not think about the miseries of people, but it is the duty of the government to think about it.

Additional Advocate General, Punjab, Asma Hamid informed that the cement factories have bored into ground in the areas. She told that four cement factories pump up 31 billion gallons of water per year. She argued if 25 piasa per liter water is charged then one factory would have to pay Rs7 billion. She said underground water is regulated under Canal and Drainage Act 1962.

Justice Umar Bandial said the government should protect the aquifer and the environment, adding if the factories would not pay the cost of underground water then action should be taken against them as this is the question of fundamental rights.

The CEO of Bestway Cement informed that they had dug bores after getting permission from the EPA. The Chief Justice inquired how the EPA could allow digging of tube-wells, adding if the cement factories would not pay the cost of water then they would send their cases to NAB.

The Chief Justice remarked the factories owners did not think that tube-wells will dry out the Katas Raj Temple pond, which is holy place for Hindu community.

A local of Katas Raj informed the court that Faiz Bashir Warriach, former secretary EPA, had changed the report of EPA director, who had warned if the cement factories were set up in that area near Katas Raja then the people of that area would face severe water shortage.

Earlier, Makhdom Ali Khan, representing Bestway Cement, said that out of six tube-wells, two have been closed while two are on standby, while only two are operating. He said that they had obtained permission from the EPA.

The Chief Justice said, "We are not closing down industry but the owners should inform under what law they have dug bores." Makhdom informed that to get water from river they would have lay down 65km pipe and for that two years are required.

He told that the plan, which will cost Rs2 billion, has been prepared. He said they are ready to sit with the committee constituted by the apex court for sorting out this issue.

The hearing was adjourned until Thursday.