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| DB directs JMC to made service tax scheme compulsory | | | Jammu, Mar 26 (JNF): In a Public Interest Litigation (PIL) filed by Deepak Singh Balouria & Ors seeking direction to the respondents to strictly implement the provisions of the Essential Services (Maintenance) Ordinance, 2001 in letter and spirit so as to ensure a clean hygienic and healthy environment to the public at large, Division Bench of State High Court directed Jammu Municipal Committee (JMC) to make garbage lifting scheme compulsory.
Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar after hearing Adv Meenakshi Salathia for the PIL whereas AAG Seema Shekha for the State respondents and Adv SS Nanda for JMC observed that in response to the notice of motion two status reports have been filed, in the status report filed Jammu Municipal Corporation (JMC) and its Health Officer pointed out that a scheme for collection of garbage from door to door has been unfolded by the Corporation and every household is required to pay Rs.100/- as service tax but it was made optional and only meager 5% of the people came forward to adopt the scheme.
Upon this Division Bench further observed that "We fail to understand why a scheme which is aimed at achieving healthy and hygienic condition on the public route should be made optional and asked counsel for the respondents as to why such a scheme could not be made compulsory as the aforesaid thinking has developed for the reason that throwing garbage and creating unhygienic condition is the source of various diseases.
Division Bench also observed that in the larger public interest it is imperative to make such a scheme compulsory and to ensure garbage put outside the house can be collected by the vehicle of the Municipal Corporation on periodical basis. Another reason for making the scheme compulsory is that the State Government cannot run without revenue and such like services could be extended if corresponding fee is paid to the service provider performing these services and directed that the needful be done within two weeks and file status report. |
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