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| HC issues fresh directions on imposition of ban on use of polythene | | |
Srinagar, October 11 –The Division bench of the Jammu and Kashmir High Court comprising Chief Justice basher Ahmad Khan and Justice Bashir A Kirmani has passed the following directions has issued fresh directions to the government with regard to imposition of ban on use of polythene bags in the state.
All the concerned authorities/functionaries shall submit their status reports indicating the plan of action and mechanism adopted or to be adopted by them so as to effectively enforce the ban order passed by the Court. They shall give details of the steps initiated or required to be taken by them on permanent basis which could ensure the implementation of the ban order in its letter and spirit.
The Government is directed to expedite the process of placing the proposed legislation for ban on manufacture, sale and use of polythene in the State before the Cabinet for its approval and to ensure that this legislation is placed before the State Assembly in its next session depending upon the decision of the Cabinet.
The bench observes that “We find that there are already powers conferred on various authorities under the Municipal Act and Municipal Corporation Act which can be exercised to supplement the enforcement of ban order passed by this Court. The Commissioner, Srinagar Municipal Corporation informs us that the Corporation had already enacted bylaws which were approved by the Council and were awaiting Government sanction under which convictions and penalties are provided for offences like littering of polythene etc. Considering the magnitude of the problem created by sale, use and littering of polythene in the cities of Srinagar and Jammu, the heads of Municipal Corporations of Srinagar and Jammu could perhaps take requisite steps in accordance with these bylaws as approved by the respective Corporations to enforce the ban on sale, use and littering the polythene in the two cities”.
It is noticed that Vice Chairperson, LAWDA, Chief Executive Officer Gulmarg Development Authority, Medical Superintendents of SMHS Hospital Srinagar, Dental College Srinagar, LD Hospital Srinagar, Children Hospital Srinagar, Jawahar Lal Nehru Hospital Rainawari Srinagar, Bone and Joint Hospital Barzulla Srinagar, Chest Disease Hospital Dalgate Srinagar and Psychiatry Hospital Srinagar have failed to submit their compliance reports and to appear before this court the bench further observes. In the light of the observation the court has directed Registrar Judicial to put them all on notice requiring them to submit their status reports and also to appear before the court on the next date of hearing for any clarifications.
Deputy Commissioners Srinagar, Gulmarg, Anantnag, Jammu, Sr. Superintendents of Police Srinagar, Anantang, Baramulla and Jammu, Vice Chairman Srinagar Development Authority, Jammu Development Authority, Administrators, Medical Superintendents, Deputy Medical Superintendents of Government hospitals in Jammu city and Health Officers of Municipal Corporations, Jammu and Srinagar, heads of the Municipal Corporations Jammu and Srinagar, heads of the Municipal bodies of Pahalgam, Sonamarg and Gulmarg, Tehsildars of these areas and all concerned SHOs are also directed to submit reports of the action taken by them in pursuance of Government order No: 452-Fst of 2006 dated 04-09-2006 in their respective areas of jurisdiction.
Observing that there are several private hospitals, nursing homes in the cities of Srinagar and Jammu wherein also large quantities of polythene carry bags etc. are used, the Division bench has also directed Management of all these private hospitals and nursing homes to submit their reports about the mechanism evolved and adopted by them for disposal of polythene in their respective establishments. For which copies of this order are to be sent to the Directors, Health Services Kashmir and Jammu for seeking compliance from the managements of these private establishments on affidavits to be sworn in by head of the establishment. The two Directors are also directed to furnish list of such establishments in the two cities of Srinagar and Jammu to this Court.
The concerned functionaries/authorities who were exempted from personal appearance by Court order till further orders in view of the flood situation in the state then prevailing, are re-directed to cause their appearance before the Court on the next date to explain their respective action plans. |
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