The Sindh High Court (SHC) has ordered a ban on dumping, disposal, burning or smoldering of any kind of solid waste in the Malir River or its banks along Korangi Causeway by any authority, agency, contractor or third party.
Disposing of a petition against the burning of solid waste in the river in the Korangi area, a division bench of the high court headed by Justice Adnan-ul-Karim Memon observed that open dumping and burning of solid waste in the Malir River was per se illegal and in violation of the Articles 9 and 14 of the Constitution, as well as the applicable environmental laws, including the Sindh Environmental Protection Act, 2014.
The petitioners, who included residents of the Air Force Officers Housing Society (AFOHS), Dadabhai Town, Mehmoodabad, and an environmental organisation, had submitted that thousands of tonnes of municipal, industrial and hospital waste was being unlawfully dumped and burnt, releasing hazardous pollutants such as dioxins, mercury and lead, causing severe environmental degradation and serious health risks, particularly respiratory diseases among residents and children.
They submitted that despite repeated complaints and even imposition of the Section 144 of the Code of Criminal Procedure (CrPC), the authorities had failed to take effective action. They sought court directions to stop the dumping and burning activities and enforce environmental laws.
The provincial government, civic and cantonment board authorities largely denied the responsibility and shifted liability inter se. The Sindh Solid Waste Management Board (SSWMB) maintained that it was actively collecting and transporting waste to designated landfill sites and had a zero-tolerance policy against waste burning. It attributed the alleged burning to unauthorised third parties outside its operational domain.
The Cantonment Board Faisal (CBC) asserted that it disposed of its waste through contractors at approved landfill sites and denied any involvement in dumping or burning waste in the Malir River. The relevant municipal corporation submitted that pursuant to an agreement, waste management functions now stood transferred to the SSWMB, and thus it bore no responsibility.
The Karachi Metropolitan Corporation (KMC) submitted that solid waste management fell within the statutory mandate of the SSWMB, whereas, the control of riverbeds lied with the Sindh irrigation department under the Sindh Irrigation and Drainage Authority Act, 1997.
The irrigation department, however, denied jurisdiction, stating that its mandate was limited to water management and did not extend to solid waste or environmental regulation.
The Sindh Environmental Protection Agency (Sepa) submited that it had already initiated proceedings against the SSWMB before the Environmental Protection Tribunal regarding the issue.
After hearing the arguments, the high court observed that it had noticed that overall, the stance of the official respondents reflected a lack of coordination and jurisdictional ambiguity, with each authority disclaiming direct responsibility while acknowledging the broader issue of waste management in Karachi.
The bench observed that the core issue in the present matter was not merely the denial of responsibility by different authorities, but a complete failure of governance resulting from a lack of coordination and effective enforcement of environmental laws.
The SHC observed that the record prima facie established that dumping and open burning of solid waste was taking place in the Malir River at Korangi Causeway, causing serious environmental degradation and posing grave threats to public health.
The SHC observed that the dispute reflected a systemic failure and required coordinated administrative intervention. The high court directed the provincial government and police to strictly enforce the ban and ensure that violations were dealt with promptly by registration of criminal cases under the relevant provisions of law.
The SHC ordered that all the respondents, including the Karachi Metropolitan Corporation (KMC), SSWMB and others, shall be jointly responsible to ensure that no dumping or burning of waste was carried out either directly or through contractors or any third party acting on their behalf.
The high court observed that any violation shall entail penal consequences, including departmental action against responsible officials. The SHC directed Sepa to immediately initiate appropriate proceedings under the law against all violators and ensure strict compliance with the Sindh Environmental Quality Standards.
The bench directed the chief secretary to convene a high-level meeting of all relevant stakeholders, including, but not limited to, the SSWMB, KMC, cantonment boards, Sepa, irrigation department, and law enforcement agencies, to clearly delineate jurisdictional responsibilities, devise a coordinated and enforceable mechanism for solid waste management in the subject area, and ensure that all waste was transported to the designated landfill sites in accordance with law.
The SHC directed the chief secretary to submit a comprehensive report within four weeks. The high court clarified that administrative or jurisdictional disputes shall not be a ground to compromise public health, and all authorities shall act in aid of one another to protect the fundamental rights of the citizens.
It also warned that in case of failure, appropriate proceedings shall be initiated in terms of Article 204 of the Constitution against the delinquent officials.
