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Government’s Failure to implement Adequate Pollution Control Measures and Regulating Vehicular Emissions --- Lahore High Court, Lahore directed Authorities to present measures for Air Pollution Control

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Islamabad 05-12-2024: The Lahore High Court has admitted a significant Writ Petition [W.P. No. 69910/2024] filed by a three-year-old child through her mother, seeking enforcement of environmental laws to combat Lahore’s deteriorating air quality. The petition, invoking Article 199 of the Constitution, highlights fundamental rights violations due to unchecked air pollution and vehicular emissions.

The Petitioner seeks the enforcement of Section 15 of the Punjab Environmental Protection Act, 1997, and the Punjab Environmental Protection (Motor Vehicles) Rules, 2013. The petition emphasizes the government’s failure to implement adequate pollution control measures, leading to severe health and environmental consequences.

Lahore, often ranked among the world’s most polluted cities, faces life expectancy reductions due to hazardous air quality. According to the Air Quality Life Index (AQLI), Punjab’s life expectancy has been reduced by 5.5 years, with vehicular emissions accounting for 83% of the air pollution.

The Petitioner’s counsel, Senator Barrister Syed Ali Zafar, argued that Articles 9A, 9, and 14 of the Constitution enshrine the right to a clean and healthy environment as a fundamental right.

The case invokes the Doctrine of Intergenerational Responsibility, as recognized internationally in Oposa Vs. Factoran (1993, Philippines) and domestically in Zafar Khizer Vs. Federation of Pakistan (PLD 2023 Lahore 164).

The petition is maintainable under Article 199, as children are aggrieved parties capable of seeking enforcement of fundamental rights.

Mr. Justice Jawad Hassan noted the pressing environmental crisis and questioned the government’s failure to regulate emissions. The Court emphasized that the Environmental Protection Agency (EPA) must fulfill its statutory obligations, including revising air quality standards under Section 6(1)(e) of the Punjab Environmental Protection Act, 1997.

The Court observed that Lahore’s air pollution crisis is primarily driven by vehicular emissions, which remain unregulated despite existing laws. Citing the Supreme Court’s judgment in Pollution of Environment Caused by Smoke Emitting Vehicles (1996 SCMR 543), the Court reminded authorities of their duty to implement emission standards.

The Court admitted the petition and directed the Secretary of the Environmental Protection Department and the Director General of the EPA to appear on November 12, 2024. They are to present detailed reports on measures taken to combat air pollution in Lahore, particularly focusing on vehicular emissions. A notice has also been issued to the Advocate General Punjab to address legal questions raised in the petition.