HC directs for ban orders on polythene

Srinagar, Oct 10: Concerned over the use of polythene in the state despite its ban, the Division bench of Jammu and Kashmir High Court has directed the state government to expedite the process of placing the proposed legislation for ban on manufacture, sale and use of polythene.

The court directed the Government through the Chief Secretary to expedite the process of placing the proposed legislation before the cabinet for its approval and to ensure that this legislation is placed before the state Assembly in its next session.

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 the Court.

The Division bench comprising the Chief Justice, Justice Bashmi Ahmad Khan and Justice Bashir Ahmed Kirmani, in a petition titled S. R. Institute V/S State of Jammu and Kashmir said the Commissioner, Srinagar Municipal Corporation informs the court 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.

Considering the magnitude of the problem created by sale, use and littering of polythene in Srinagar and Jammu, the court stated that 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 of polythene in the two cities.

It is noticed that Vice Chairperson, LAWDA, Chief Executive Officer, Gulmarg Development Authority, Medical Superintendents of SMHS Hospital, Dental College, LD Hospital, Children Hospital, Jawahar Lal Nehru Hospital, (Rainawari), Bone and Joint Hospital, (Barzulla), Chest Disease Hospital, Dalgate, Srinagar and Psychiatry Hospital (all from Srinagar) have failed to submit their compliance reports and appear before this court.

Registrar Judicial is directed 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.

The court has issued directions to all concerned to submit their status reports indicating the plan of action and mechanism adopted or to be adopted by them one week in advance before the next date of hearing on October 31, 2006 so as to effectively enforce the ban order passed by the court.

The managements of all the private hospitals and nursing homes in Srinagar and Jammu are directed to submit their reports about the mechanism evolved and adopted by them for disposal of polythene in their respective establishments.

UNI