ISLAMABAD: The Supreme Court (SC) on Monday sought list of all officials of Punjab Environment Protection Agency, who allowed setting up cement factories in the area of Katas Raj
A three-member bench of the apex court, headed by Chief Justice Mian Nisar was hearing the suo moto case pertaining to drying up of Katas Raj Temple pound as the cement factories have dug tube-wells in the area causing scarcity of water.
The court directed the Punjab government to provide list of all the officers of Environment Protection Agency since 2004 till to date, particularly former Secretary EPA Punjab Fiaz Bashir Warriach, who have granted permission for setting up cement factories in the area Katas Raj. The court directed that the owners of the cement factories including Bestways, DG Cement, Dandot to sit with the government officials, and people of area to reach a viable solution.
The chief justice said that if there is via able solution then they could be permitted to carry on with their business.
During the hearing, counsel of Gharibwall Cement Factory informed that instead of ground water the management has made plan to bring water from river. The chief justice said that the money recovered from the cement factory to use underground water for manufacturing cement would be utilised for the benefit of locals of Katas Raj.
The chief justice recalled that they have issued notice to the authorities as what they have done for the construction of small dams as people are acing hardship due to water shortage.
The chief justice noted that there is an acute shortage of water in the country and the government is not thinking of constructing small dams. He said they (owners) are only concerned about their business and would not think about the miseries of people.
Appearing on notice, Asma Hamid, Additional Advocate General, Punjab, informed that the cement factories have dug out water in negative areas.
She submitted that 31 billion gallon water is pumped up per year by the four cement factories. She told that if the government charge 25 piasa per litre water, they would have to pay Rs7 billion to the government.
The law officer contended that underground water is regulated under Canal and Drainage Act 1962. Justice Umar Bandial said that the Punjab government find as to what is the cost and other means through that they could get water.
The CEO of Bestways informed that they had dug bores for water after getting permission from the EPA. The chief justice notices that EPA was allowed to such permission, adding if the cement factories would not pay the cost of water then they sent their cases to NAB. The chief justice remarked that the factories owners did not think that boring for underground water will dry up the Katas Raj Temple ponds which is holy place for Hindu community. A local of Katas Raj informed the court that Faiz Bashir Warriach, former Secretary of EPA, had changed the report of EPA director and on 30-09-2004 gave wrong report to the then President about establishment of cement factories at Katas Raj.
He said the then director EPA had warned that if factories are established then the people of the area would face water shortage. The court ruled that that the cement factories would have to get back to first permission and remaining then would have to be closed.
During the course of hearing, Makhdom Ali Khan, counsel for Bestway Cement, submitted that out of six tube wells they have closed two tube wells and two are kept on standby. The counsel further informed the court that they had obtained permission from EPA. The chief justice questioned how EPA could grant permission for the boring. He said, “We are not closing down industry but the owners should inform that under what law they have dug bores.”
Makhdom informed that to get water from river they would have to lay down 65km pipe. He said that the plan has been prepared but it will cost Rs2 billion. The counsel submitted that they were ready to sit with the committee constituted by the apex court.
