PHC stays construction of cement factory in Palai

By Our Correspondent
May 11, 2018

PESHAWAR: The Peshawar High Court (PHC) on Thursday stayed work on construction of a cement factory in Palai area in Malakand region.

A two-member bench comprising Chief Justice Yahya Afridi and Justice Syed Afsar Shah issued the stay order in a writ petition filed by residents of Palai, known for its fruit orchards, against the no-objection certificate (NOC) issued by the provincial government for the construction of a cement factory in their area and acquisition of around 400 acres of land for the purpose.

The petitioners, including Ali Mohammad and 15 others, requested the court to strike down the government's NOC for the Fecto Cement Private Limited to establish a factory in Palai. They also sought the court's order to declare illegal the invoking of Section 4 of the Land Acquisition Act by the government for acquiring land for the factory, saying the move is a threat to the local environment and the people's health.

The petitioners requested the court to declare the cement factory's establishment a violation of the provincial, federal and international environmental protection laws and standards. During hearing, petitioners' lawyer Ali Gohar Durrani requested the court to suspend the impugned notification under Section 4 of the Land Acquisition Act, and restrict the Fecto Cement from carrying on activities in the area until the final disposal of the petition.

Respondents in the petition are the provincial government through chief secretary, federation of Pakistan through the climate change secretary, provincial secretaries of agriculture, environment, mines and minerals, industries, forest and wildlife, the provincial Environmental Protection Agency's director general, Pakistan Environmental Protection Agency director general, Malakand district nazim and deputy commissioner, director (agriculture), and Fecto Cement Limited through its chief executive.

The petitioners submitted that the Palai area was known globally for serene lush green fields in general and citrus orchards in particular.