10/07/2026
The petitioners’ counsel, Ali Gohar Durrani, contended that the Kohat Cement Company was constructing a CPP on its premises to provide power to its industrial unit.
He stated that the plant was surrounded by residential areas and therefore, the construction of the coal power plant would not only have an adverse effect on the environment but also on the health of the residents in the locality.
He contended that the project had already commenced operations and was causing pollution beyond the permissible limits prescribed under the environmental laws.
The EPA’s deputy director Mumtaz Ali, submitted that in Jan 2026, a team of the EPA visited the Company’s premises and found that the coal power plant project was not operational but was still under construction.
He said that the Initial Environmental Examination’s approval had already been granted for the establishment of the coal power plant project but the plant couldn’t commence operations unless it obtains post-operational approval from the EPA.
He said that the company had not yet applied for post-operational approval, therefore, it followed that the plant is not operational.
Abidullah, lawyer for the company, couldn’t confirm whether the plant had commenced operations.
“Since the learned Deputy Director has categorically stated that no post-operational approval has been granted and therefore, respondent Kohat Cement Company is, prima facie, not legally authorised to operate the coal power plant project at the stage.
“Furthermore, as no inspection has been carried out by the Environmental Protection Agency since January 2026 to verify compliance with the prescribed environmental standards, the learned Deputy Director has proposed that the Agency is prepared to conduct a fresh inspection of the coal power plant in the presence of a representative of the petitioners,” the bench pointed out.
Advocate Durrani had expressed no objection to the proposal.
Earlier, Mr Durrani contended that the establishment of a coal power plant within 200 meters of a residential locality was contrary to public health and safety standards, and infringes the Petitioners’ right to protection of property and peaceful enjoyment of their homes.
He said that even prior to the coal plant, residents of Babri Banda were already facing alarming levels of health issues, including heart diseases, respiratory infections, skin conditions, and cancer related cases.
The lawyer claimed that the emissions discharged by cement and coal plants were hazardous and might have long lasting repercussions not only for human beings but also for the atmosphere.
Authorises Environmental Protection Agency to inspect plant, orders production of report in 15 days.