Sindh Institute of Urology & Transplantation And Others vs Nestlé Milkpak Limited. Country/Territory Pakistan Type of court National - higher court Date Nov 30, 2004 Source UNEP, InforMEA Court name High Court Seat of court Karachi Language English Subject Environment gen., Water, Legal questions Keyword Water abstraction Business/industry/corporations Environmental planning Land-use planning Abstract On October 25, 2003, the Shaheed Zulfiqar Ali Bhutto Institute of Science and Technology sent a writ petition to the Sindh High Court (Karachi), saying that the 20 acres leased out to Nestlé were carved out of the 300 acres of land allotted to it previously. The lawsuit has been joined by Sindh Institute of Urology & Transplantation, Aga Khan Hospital and Medical College Foundation, Sindh Madressahtul-Islam, Newport Institute of Communication & Economics, Sir Syed University of Engineering & Technology, Shaukat Khanum Memorial Cancer Hospital & Research Centre, and Ziauddin Medical University all land allottees in the said area. The property is located in an area spread over 15,500 acres, given to 30 different parties, believed to be designated for various educational and health purposes, and declared “Education City Karachi”. Nestlé bought the property for a price of PKR 500000, double the price paid by the other parties, with the intention to invest USD 10 million and extract 306 million litres of water annually, for the sale of 228 million litres of bottled water. Ironically, the plant was not planned to meet the needs of the people of Karachi or the South of Pakistan, but for US forces at Afghanistans Kandahar Air Base. The plaintiffs argued that Nestlés industrial ambitions defeated the very purpose of the area. Nestlé argued that the property was allotted after approval of the provincial cabinet and the department of industries. Furthermore, Nestlé claimed at the end of the dispute that the area was never declared for a single, non- industrial purpose, and the company presented various public officials to promote this position. The plaintiffs, however, could prove that the area was dedicated to education and health services since 1999, and the Sindh High Court (Karachi) held that water extraction by the proposed bottling plant would “diminish water deposits in the aquifers rapidly and shall adversely affect the plaintiffs' right to use the underground water according to their genuine needs”. The Sindh High Court restrained Nestlé from initiating any commercial or industrial activity, including setting up of the bottling plant on the 20-acre plot leased to it by the Sindh government in the area near Karachi. The court ruled: “No civilized society shall permit an unfettered exploitation of its natural resources". Full text COU-159317.pdf