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How to File a Complaint Against Industrial Pollution in Pakistan

How to File a Complaint Against Industrial Pollution in Pakistan ?

Industrial pollution has become one of the most serious threats to the environment and public health in Pakistan. From toxic smoke billowing out of factory chimneys to untreated chemical waste being dumped into rivers, the impact is devastating. People living near industrial areas often suffer from respiratory diseases, skin allergies, contaminated drinking water, and loss of agricultural productivity.

The good news is that Pakistan’s legal system provides a clear mechanism for citizens to report such pollution and demand action. Whether you are an affected individual, a community group, or an environmental activist, the law allows you to file complaints and hold industries accountable.

At Kakakhel Law Associates, we have represented clients in Peshawar, Islamabad, and other parts of Khyber Pakhtunkhwa (KPK) in numerous environmental matters, ensuring that polluters face strict legal action. This guide explains, in detail, how to file a complaint against industrial pollution in Pakistan and what legal protections are available to you.

Legal Framework Governing Industrial Pollution in Pakistan

The control of industrial pollution in Pakistan is primarily governed by environmental protection laws and regulations. The most important legal provisions include:

Pakistan Environmental Protection Act, 1997 (PEPA) – This is the core federal law that sets out the responsibilities of industries, defines pollution standards, and gives enforcement powers to the Pakistan Environmental Protection Agency (Pak-EPA).

Provincial Environmental Protection Acts – After the 18th Constitutional Amendment, environmental regulation became a provincial subject. Each province, including KPK, has its own EPA laws and enforcement mechanisms.

National Environmental Quality Standards (NEQS) – These are legally enforceable limits on the concentration of pollutants in air, water, and soil. For example, there are NEQS for chemical effluent discharge, particulate matter emissions, and noise pollution.

Hazardous Substances Rules – These regulate the storage, transport, and disposal of dangerous chemicals used in industries.

Public Health and Factory Laws – While not strictly environmental laws, these provide indirect legal remedies for pollution-related harm to workers and communities.

Penalty provisions under these laws can include heavy fines, forced installation of pollution control systems, closure of factories, and even imprisonment in severe cases.

Step-by-Step Guide to Filing a Complaint Against Industrial Pollution

1: Document and Gather Evidence of Pollution

The first and most important step is to collect strong, verifiable evidence. Without proof, your complaint may be dismissed or delayed. Examples of useful evidence include:

If a factory in Hayatabad Industrial Estate is releasing thick black smoke at night to avoid inspections, videos taken with timestamps can be powerful evidence.

2: Identify the Correct Government Authority

Knowing where to file your complaint is crucial. Depending on the location and nature of the pollution, your case may fall under:

Khyber Pakhtunkhwa Environmental Protection Agency (KPK-EPA) – Handles pollution cases within the province.

Pakistan Environmental Protection Agency (Pak-EPA) – Deals with federal territory and projects under federal jurisdiction.

Environmental Magistrate or Tribunal – For direct legal proceedings when urgent relief is required.

District Administration / Deputy Commissioner Office – For emergency intervention when there is immediate danger to public health.

3: Drafting and Submitting Your Complaint

A well-drafted complaint should be clear, factual, and legally sound. It must contain:

4: Investigation by the EPA

Once your environmental complaint is lodged, the Environmental Protection Agency (EPA) initiates a formal investigation to verify the allegations and assess the extent of the violation. This process usually begins with site inspections, where EPA officers visit the concerned factory or industrial site to observe pollution activities directly. During these visits, they may collect samples of water, air, or soil, which are then sent to accredited laboratories for testing. The results are compared with the National Environmental Quality Standards (NEQS) to determine if the pollution levels exceed the legally permissible limits.

If violations are confirmed, the EPA issues a Notice of Violation to the industry, outlining the specific breaches of environmental law. Depending on the severity of the case, the EPA may direct corrective measures such as installing proper treatment plants, modifying production processes, or halting certain activities to reduce environmental damage. In cases where the threat to public health or the environment is significant, the EPA has the authority to issue closure orders, suspending operations until the industry complies with environmental regulations. This step ensures that polluting entities are held accountable and that sustainable practices are enforced.

5: Legal Action Through Courts or Environmental Tribunal

If the EPA fails to act or the industry ignores orders, you can escalate the matter by:

Kakakhel Law Associates can prepare your petition, represent you before the tribunal or court, and follow up on enforcement orders.

Your Legal Right to a Pollution-Free Environment

The Constitution of Pakistan, under Article 9 (Right to Life) and Article 14 (Right to Dignity), guarantees citizens the right to live in a clean and healthy environment. Industrial pollution is not just an environmental problem — it’s a legal violation and a threat to public health.

If you or your community is affected by toxic emissions, water contamination, or hazardous waste dumping, you have every right to demand action.

At Kakakhel Law Associates, we are committed to fighting environmental law violations in Peshawar, Islamabad, and across KPK. From drafting strong complaints to representing clients in environmental tribunals and courts, we ensure that polluters are held accountable and that communities get the justice they deserve.