ISLAMABAD: The Islamabad High Court (IHC) on Saturday sought an explanation from Special Assistant to the Prime Minister (SAPM) on Climate Change Malik Amin Aslam, the Capital Development Authority (CDA) and the Pakistan Environmental Protection Agency (Pak-EPA) for not taking adequate steps to counter environmental degradation in the federal capital.

Chief Justice Athar Minallah while hearing a petition filed by a resident of I-8 against the construction of a boundary wall along a ravine also stopped the CDA from undertaking any project or giving the go-ahead to any private or government scheme without an environment impact assessment (EIA).

During the hearing of the petition on Saturday, Deputy Director Pak-EPA Amir Abbas Khan said the affected area had been inspected.

When asked whether further proceedings under the Pakistan Environmental Protection Act 1997 had been initiated, he answered in the negative.

In response to another question, the official informed the court that Pak-EPA was not adequately equipped to perform its statutory functions.

IHC summons SAPM, others to explain govt failure to direct civic authority to comply with Pakistan Environmental Protection Act

The court observed: “One of the most important statutory regulators i.e. Pak-EPA established under the Act of 1997 has either been deliberately kept incapacitated and ineffective or meeting the challenges of climate change and environmental degradation is not a priority of the federal government.”

Referring to an earlier judgment of the IHC, Justice Minallah recalled that in that judgment it had been reiterated that: “It is an undeniable fact that unregulated human activities such as illegal construction, urbanisation and violation of the master plan have serious consequences which inevitably leads to irreversible environmental degradation and climatic changes.

“Pakistan is ranked amongst the top 10 countries declared as most vulnerable to the life threatening outcome of climate change. It has been assessed as amongst those countries which have the highest rate of deforestation. Experts have classified Pakistan as a prime target of global warming.”

Justice Minallh observed that unregulated human activities, particularly illegal construction and urban sprawl, are prime causes for global warming, air pollution, water scarcity, loss of forests, extinction of agricultural land and wildlife.

The Islamabad Capital Territory (ICT) already faces a serious water crisis and it would definitely be exacerbated if effective environmental management is not implemented on an urgent basis. According to a report compiled by the Asian Development Bank, “Climatic changes are expected to have a wide ranging impact on Pakistan, affecting agricultural productivity, water availability and increased frequency of extreme climatic events.”

A World Bank study carried out in 2015 had estimated that environmental degradation was costing Pakistan almost nine per cent of its GDP.

Justice Minallah remarked that in this context it would be beneficial to refer to the report of a commission which was constituted by the IHC to exclusively investigate and make recommendations regarding environmental degradation and failure of regulatory framework in Islamabad.

The court noted that in view of the critical situation regarding climate change and environmental degradation, there is an urgent and greater need to protect and safeguard open spaces, playgrounds and parks rather than converting them to buildings. Parks and urban green spaces have multiple benefits besides providing areas for recreational facilities.

The court summoned the secretary Ministry of Climate Change on August 22 along with the special assistance to the prime minister on climate change to explain why Pak-EPA has been prevented from performing its statutory functions under the Act of 1997.

They shall also explain why the federal government has failed in its duty under section 5 of the Capital Development Authority Ordinance 1960 to direct the CDA to comply with the provisions of the Act.

“The CDA chairman will also appear to satisfy this court why proceedings may not be ordered against those public functionaries who are responsible for causing irreversible damage to the environment and thus exposing the general public and future generations to life threatening harm.”

He shall also satisfy the court that criminal offences affecting the human body and life mentioned in chapter XVI of the Pakistan Penal Code 1860 are not attracted when acts or omissions lead to environmental degradation, the court order stated.

Published in Dawn, August 16th, 2020