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PIL regarding pollution generated by Polythene Bags
DB disposes of PIL with directions
9/11/2012 11:16:28 PM
early times report
Jammu, Sept 11 (JNF): In a Public Interest Litigation filed by Yash Bhasin (Sr. Journalist) regarding pollution (noise and air pollution) which is being generated by the use of non-bio-degradable material including the polythene carry bags, Division Bench of State High Court comprising First Puisne Judge Justice Virender Singh and Justice Muzaffar Hussain Attar after hearing Adv SK Anand appearing for the PIL whereas Sr. AAG Gagan Basotra appearing for the state, Adv SS Nanda appearing for the JMC, KL Khajuria Commissioner JMC and Lal Chand Chairman J&K State Pollution Control Board has disposed of Public Interest Litigation with the directions that respondents who are present in person in the Court, are directed to take all effective steps and gear-up the statutory and administrative machinery for implementing the provisions of the Environment (Protection) Act 1986, Plastic Waste (Management & Handling) Rules, 2011, Municipal Solid Waste (Management & Handling Rule 2000, the Jammu & Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007 and the raules madder there under.
Division Bench also directed Commissioner/Secretary Urban and Local Bodies J&K State to monitor the functioning of Municipal Corporation, Jammu for implementing these laws and maintenance of the cleanliness and hygienic conditions of Jammu City and further directed Commissioner/Secretary Urban and Local Bodies to supervise the functioning of Municipal Corporation, Srinagar and all other Municipal Committees of the J&K State. Court also directed that competent/ disciplinary authorities to seek periodical report from all the concerned authorities.
Division Bench further directed Commissioner/Secretary Urban and Local Bodies shall initiate or order initiation of disciplinary proceedings against all such officers/ officials who would be lacking in their performance of duty and would show utter dis-regard to the provisions of the statute and instructions of superiors.
Division Bench also directed J&K State Pollution Control Board Jammu, to take all effective steps in implementing the provisions of the Environment (Protection) Act 1986 and the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act 1974 and said that Chairman of the Board shall be personally responsible to effectively implement the provisions of the aforementioned Act.
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