JKHC issues fresh directions on polythene ban

Srinagar, Oct 12 (UNI) The Jammu and Kashmir High Court has directed the state government to ensure that the proposed legislation for a ban on manufacture, sale and use of polythene was placed before the Assembly in the next session.

Issuing fresh directions regarding ban on manufacture, sale and use of polythene in the state, a Division Bench, comprising Chief Justice Bashir Ahmad Khan and Justice Bashir Ahmed Kirmani, directed the government to expedite the process of placing the proposed legislation before the Cabinet for approval and to ensure that it was put before the Assembly in its next session.

All authorities concerned should submit to the court their status reports indicating the plan of action and mechanism adopted to effectively enforce the ban order passed by the bench.

The bench said authorities should give details of steps initiated or required to be taken on permanent basis which could ensure the implementation of ban order in its letter and spirit.

''We find that there are already powers conferred on various authorities under the Municipal Act and the Municipal Corporation Act which can be exercised to supplement the enforcement of ban order passed by this court,'' the judges said.

The Srinagar Municipal Corporation Commissioner informed the court that the body had already enacted by-laws of convictions and penalties for offences which were awaiting government sanction.

The court said considering the magnitude of the problem created by sale, use and littering of polythene in Srinagar and Jammu, the heads of municipal bodies could perhaps take requisite steps in accordance with these bylaws to enforce the ban.

The court reprimanded LAWDA Vice Chairperson, Gulmarg Development Authority Chief Executive Officer, heads of SMHS Hospital, Dental College, LD Hospital, Children Hospital, Jawahar Lal Nehru Hospital, Bone and Joint Hospital, Chest Disease Hospital and Psychiatry Hospital for failure to submit their compliance reports and directed to appear before it.

The court directed the Registrar Judicial to put all of them on notice to submit their status reports and also to appear before it on the next date of hearing for any clarifications.

The bench also directed authorities exempted from personal appearance in view of the flood situation to appear before the court on the next date to explain their respective action plans.

UNI AG RL KN1341