Supreme Court gives Khyber Pakhtunkhwa a month to finalise stone crushing rules

The Supreme Court of Pakistan has directed the Khyber-Pakhtunkhwa (KP) government to finalise and implement regulations for stone crushing within a month, rejecting its request for a three-month extension.

A five-member constitutional bench, led by Justice Aminuddin Khan, heard the case on Monday. The proceedings focused on the environmental impact of stone crushing operations and their proximity to residential areas, Express News reported.

During the hearing, K-P’s Additional Advocate General (AAG) informed the court that the province has 903 stone crushing plants, of which 544 are operational, 230 are under construction, and 37 have been issued show-cause notices.

Additionally, 210 plants were sealed for violating regulations.

Justice Jamal Mandokhail questioned the overall enforcement of laws, remarking, “The constitution is not followed here, and you are talking about rules.” He stressed the importance of not only setting rules but also ensuring their effective implementation.

Justice Hashim Khan Kakar inquired about the legal framework governing stone crushing operations.

The AAG responded that previous regulations prohibited setting up stone crushers within one kilometre of populated areas, but a revised law now allows their establishment at a minimum of 500 metres in urban areas and 300 metres in rural regions.

Environmental concerns were also raised during the hearing. Waqar Zakariya, a commission member, pointed out that wind patterns could carry dust particles from stone crushers into residential areas, making distance restrictions ineffective.

He suggested that dust suppression measures, such as tree plantations and irrigation systems, should be mandated for crusher operators.

The K-P government requested three months to finalise the rules, but the court declined the request, granting only one month. Justice Kakar asked, “Should people keep suffering during this time?” He noted that public health and environmental safety must take priority.

Meanwhile, lawyer Khawaja Haris, representing the stone crushing industry, argued that a pending appeal against the Supreme Court’s earlier ruling should be considered before any new regulations are enforced. However, Justice Mandokhail questioned whether the appeal applied retroactively or only after the 26th constitutional amendment.

The court concluded by directing the K-P government to seek approval for its rules from the National Environmental Council within a month. The case was adjourned for further review after the deadline.