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| Despite green signal from High Court, tree oil dealers continue to be at mercy of government departments | | | Jehangir Rashid
SRINAGAR, Mar 2: Despite the clear cut directions from the High Court different government departments continue to create hurdles for the people who sell the tree oil in the Kashmir valley. The non-compliance of court orders has pushed the dealers to the wall with nobody coming to their help.
High Court Judge, Justice Janak Raj Kotwal passed an order on February 20, 2014 asking the state government to allow Hindustan Petroleum Corporation Limited (HPCL) to sell the tree oil (Arbofine extra) through its distributors/dealers/retailers. There was specific direction to Director Horticulture, Kashmir asking him to stay the orders asking for the seizure of tree oil and allowing the HPCL distributors to sell their product.
"The petitioner number 1 claims to be the manufacturer of insecticides branded as Arbofine and Arbofine Extra. The petitioner is aggrieved of the action taken by respondent number 5 directing the petitioner company not to sell the Arbofine Extra till further orders. The action has been taken by taking recourse to Section 21 of the Insecticides Act of 1968 (for short the Act of 1968)," wrote Justice Kotwal in the order.
The High Court judge further writes "Mr. Z A Shah learned counsel for the petitioner submits that the impugned action has been taken in violation of the explanation appended with Section 18 of the Act of 1968. Learned counsel has drawn attention of the Court to the explanation appended with Section 18."
Justice Kotwal writes in the order that contention raised by advocate of petitioner have substance. He said notice as above in the meantime as interim subject to objections and till next date before the bench the impugned communications bearing numbers EIP/2013-14/134 dated 3-1-2014, EIP/2013-14/161-163 dated 23-01-2014, EIP/2013-14/185-187 dated 27-1-2014 and LEI/Pul/2013-14/205-207 dated 1-2-2014 issued by respondent number 5 shall stay and petitioner number 1 shall be permitted/allowed to sell above mentioned tree oil (Arbofine extra) through its distributors/dealers/retailers.
Before the issuance of this order, Justice Ali Mohammad Magray of High Court passed an order on February 14, 2014 asking the state government to allow the Bharat Petroleum Corporation Limited to sell/distribute MAK All Season HMO through its dealers/distributors/retailers. A day earlier Justice Magray also directed the state government departments to stay the orders against HPCL and allowing the company to be allowed to sell/distribute spray oil including the product available with them to the orchardists.
At the same time Law Enforcement Inspector, District Srinagar has written a letter to Executive Magistrate 1st Class, Tehsildar South Srinagar on March 1, 2014 asking him to issue necessary orders or instructions in writing so that the interim order dated 14-02-2014 passed by High Court is complied with letter and spirit.
Despite the issuance of Court orders and necessary instructions from concerned official the dealers/distributors/retailers are not allowed to sell the Arbofine, Arbofine Extra and MAX All Season HMO. |
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