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In Re: Human Rights Case (Environment Pollution in Balochistan)

Country/Territory
Pakistan
Type of court
National - higher court
Date
Sep 27, 1992
Source
UNEP, InforMEA
Court name
Supreme Court of Pakistan
Seat of court
Karachi
Judge
Akhtar, S.
Reference number
Human Rights Case No. 31-K/92 (Q)
Language
English
Subject
Environment gen., Waste & hazardous substances
Keyword
Constitutional law Hazardous substances Radioactive waste Nuclear energy Radioactive pollution Hazardous waste
Abstract
The Court noticed a report by APP expressing apprehension that business tycoons were making attempts to purchase coastal area of Balochistan and convert it into dumping ground for nuclear or industrial waste, which would not only be a hazard to the health of the people but also the environment and the marine life in the region. The Court was of the view that this would violate Article 9 of the Constitution of Pakistan. The Court ordered the office to enquire from Chief secretary of Balochistan whether coastal land of Balochistan is being allotted to any person. If so, the full particulars of that person should be supplied. The Chief Secretary made inquiries in compliance with the Court order and reported that plots had been allotted by the Balochistan Development Authority, but that no plot had been allotted to any party for dumping of nuclear waste. The Court ordered that because the dumping of nuclear or industrial waste would be a clandestine act, the authorities had to regularly check that the allottees were not engaged in dumping industrial or nuclear waste of any nature on the land or in the sea. It also ordered that in future the Balochistan Development Authority should submit to the Supreme Court the particulars of all persons to whom land had been allotted and that each future allotment should include a condition that the allottee should not use the land for dumping waste.
Full text
Jud.Dec.Nat.pre.pdf
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 280