COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

PAKISTAN

Pakistan - Constitutional Rights, Dumping of Nuclear and Industrial Waste

IN RE: HUMAN RIGHTS CASE
(ENVIRONMENT POLLUTION IN BALOCHISTAN)

HUMAN RIGHTS CASE NO: 31-K/92(Q)

Introduction

A news item entitled "N-Waste to be dumped in Balochistan" was published in "Dawn", a daily newspaper in its issue dated 3 July 1992. In the report, concern was expressed that certain businessmen were making attempts to purchase coastal areas of Balochistan and convert it into dumping grounds for waste material.

The Supreme Court having taken note of the news item issued an Order requiring Chief Secretary of Balochistan to provide the Court with full information on the allocation or the receipt of applications for allocation of coastal land in Balochistan or any area within the territorial waters of Pakistan.

The reports revealed that land had been allotted in addition to the Pakistan Navy and Maritime Agency for defence purposes, for purposes such as ship breaking and agriculture.

Legal Framework

The Constitution of Pakistan (1973) - Articles 184 (3) and 9.

Held

1. The Balochistan Development Authority should submit to the Assistance Registrar, Supreme Court, Karachi a list of persons to whom land on the coastal area of Balochistan have been allotted giving their names and full addresses along with copies of the letters of allotment, lease or license which may have been issued in their favour.

2. The Government of Balochistan and the Balochistan Development Authority are directed that if any application for allotment of coastal land is pending or in future any party applies for allotment of such land, then full particulars of such applicant shall be supplied to the Assistant Registrar, Supreme Court of Pakistan, Karachi before making any allotment to any such party.

3. The Government functionaries, particularly the Authorities which are charged with the duty to allot the land in coastal areas should insert a condition in the allotment letter/license/lease that the allotee/tenant shall not use the land for dumping, treating, burying or destroying by any device, waste of any nature including industrial or nuclear waste in any form. The Balochistan Development Authority should also obtain similar undertaking from all those to whom allotments have been made for ship breaking, agriculture, or any other purpose.