Pay Re1 tax or close water companies, CJP tells owners

Constitutes a committee to examine the quality of mineral water being sold in market

ISLAMABAD - The Supreme Court on Tuesday ordered authorities to levy a tax of Re1 on mineral water companies for extracting every litre of water from underground.

The top court further ruled that it will also determine the amount to be recovered from mineral water companies for extraction of water previously.

The top court further ruled that it will consider the same levy on fizzy drink companies on next date of hearing.

The top court also constituted a committee comprising environmental scientist Prof Dr Muhammad Ahsan and top officials of Environmental Protection Agency (EPA) to inspect the bottled water companies and submit a comprehensive report within 10 days.

The top court further ruled that all the expenses of inspection shall be borne by bottled water companies.

The top court also directed federal and provincial governments to submit their replies on the recommendations came after the two-day international symposium titled Creating a Water Secure Pakistan organised by the top court.

A three-judge bench headed by Chief Justice Mian Saqib Nisar resumed the hearing of selling of bottled water extracted from the ground without any charges and its fitness for human consumption.

During the hearing, the chief justice admonished the owners of mineral water companies for extracting billions of rupees worth groundwater and observed that this was not the way to finish the public’s water for the sake of profit of some people.

The chief justice further observed that the matter had gone beyond taxes and become a scandal. Regarding quality, the chief justice observed that it should be termed bottled water instead of mineral water and added that contamination was found in bottled water during the laboratory tests.

Environmental scientist Prof Dr Ahsan, Amicus Curie, Advocate Zafar Iqbal Kanauri, owners of the water companies and their counsels were present during the hearing.

The chief justice told the companies that this court would not allow the nation’s loss adding that the court would not let the public of this country to die of thirst for profits of others.

During the course of hearing, a representative of a mineral water company contended that after the indirect tax a Rs50 bottle comes to Rs27. He added that out of this Rs27, retailer gets Rs12 while the cost of adding minerals to water extracted from ground was Rs5 and remaining amount was being spent on packaging.

He added that boiled water lacks Calcium while the mineral water companies were making water up to the standard of World Health Organisation.

The chief justice rejected the argument and said that there was no Calcium and minerals in the bottled water.

Dr Ahsan informed the bench that the test labs of mineral water companies lacked the upgraded equipment and even the employees were not aware of the proper procedure of conducting the water test.

He further informed the bench that a single plant of a company extracted approximately 0.1 million liters of water per hour adding that the groundwater level had been receded. He said the rejection of water after consumed by the companies was further poisoning the aquifer.

The EPA director general informed the bench that none of the mineral water companies had been paying even a single rupee to the government. He told the court that the wastewater was released back into the ground, which was polluting groundwater further.

The chief justice observed that the matter had to be corrected and that the court had no sympathy for the owners if their businesses shut down. “If you don’t want to accept the tax you can leave the industry,” the CJP said and added “Show some courage and close the factory. I will see how long can you keep it closed.”

In the instant matter, a report submitted by environmental scientist Dr. Mohammad Ahsan Siddiqui recommended to install a waste treatment plant and until such time operations must be stopped to save the environment from this pollution wrath.

It concluded that extensive water drawing rate might seriously harm the natural aquifer.

The report added that the bottling company was using underground water, having Total Dissolved Solids (TDS) 12,000 ppm for production of its bottled water after a due process of reverse osmosis (R.O) to reduce the TDS level at around 50 ppm approximately.

On average at least 60 percent feed water was rejected during reverse osmosis and this rejection for producing 31.5 tons of a product. The report stated that approximately 680,400,000 liters of water was being drawn per year approximately.

In the said company the feed water contained TDS around 12,000 ppm (mg/l) but salt concentration in their product was merely 250 ppm, resulting in high concentration of salts in its waste stream.

Relying on the information provided for reverse osmosis technique it is asserted that the wastewater produced by the said company was highly concentrated which was also verified by the tests performed in the company in presence of assistant Registrar Supreme Court Munawar Ali and Amicus Curie in the case Advocate Mian Zafar Iqbal Kulanauri.

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