Murree Brewery obtains relief in case against proposed Punjab Environmental Quality Standards

RAWALPINDI: The Lahore High Court’s Rawalpindi Bench on Wednesday sought an explanation from the Punjab Environmental Protection Agency over the delay in finalising revised environmental standards for the ethanol and distillery sector, while granting interim relief to M/s Murree Brewery Co. Ltd. in its petition against the proposed Punjab Environmental Quality Standards.

Justice Jawad Hassan heard the petition, filed under Article 199 of the Constitution, in which the company argued that the revised draft standards placed on the EPA’s website had not yet been formally notified and were arbitrary, lacked technical input, and infringed fundamental rights including due process, freedom of business and equality under Articles 4, 10-A and 25.

Representing the petitioner, Malik Qamar Afzal told the court that the brewery had made significant investments in environmental protection measures. He said these included a thermophilic biomethanation wastewater treatment plant, zero-discharge practices, adoption of renewable energy and afforestation efforts. He further argued that the EPA’s coercive approach was at odds with the progressive compliance framework envisaged under the Punjab Environmental Protection Act, 1997.

The court, however, noted that part of the petition — seeking to nullify a Site Monitoring Report dated 24.08.2024 and an Environmental Protection Order issued on Dec 19, 2025 — was already pending before the Punjab Environmental Tribunal, Rawalpindi. Justice Hassan held that constitutional jurisdiction could not be invoked at the same time where a specialised statutory remedy had already been pursued under Section 22 of the law.

Draft standards and compliance questions

While examining the main challenge to the proposed standards, the court considered a Chemical Analysis Test Report which showed the brewery’s effluent had Chemical Oxygen Demand at 953 mg/L and sulphide concentration at 0.8 mg/L. The court observed that, at least on a prima facie basis, these figures appeared to fall within the permissible range under the draft standards.

Justice Hassan also directed the petitioner to submit a detailed report covering its effluent treatment plant, capital expenditure, ISO certifications, sustainability audits and carbon reduction measures. In his observations, the judge said environmental obligations could not be treated as a one-off matter.

The court also took judicial notice of the brewery’s contribution to the national economy, including export earnings, tax payments and employment generation. Referring to Saudi Pak Industrial and Agricultural Investment Company Limited versus Chenab Limited and Allah Ditta versus DCO, the judge said economic realities could not be overlooked in the enforcement of environmental responsibilities.

Notices were issued to the respondents for June 22, with directions to submit a comprehensive report and para-wise comments within 10 days. The court also ordered a senior EPA officer to appear at the next hearing to explain why the revised standards have not yet been notified.

For the time being, the court restrained coercive action against the brewery, while making clear that environmental compliance remained mandatory. The matter was adjourned until June 22.