Excelsior Correspondent
JAMMU, Nov 2: In a Public Interest Litigation (PIL) seeking closure of 59 un-registered dairies in Jammu city, Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Tashi Rabastan today expressed dissatisfaction over the response filed by the Jammu Municipal Corporation (JMC) and sought action plan by November 8.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the PIL filed by a NGO namely Save Animal Value Environment through its Chairperson Devinder Kaur Madaan alias Rumpy Madaan whereas Advocate Sachin Gupta appearing for JMC and Advocate Amita Khajuria appearing for Food Safety and Standards Authority of India, DB, in the open court, observed, “reply filed by the JMC is totally silent over the issues raised in the PIL”.
“There is no indication in the reply about the milk dairies which have not come forward for registration as per the norms of the JMC and further the reply is conspicuous about the action taken against the dairies which are un-registered”, the DB said while expressing displeasure over the non-adherence to the provisions of Section 44 (N) of the Jammu Municipal Corporation Act, 2000 wherein the JMC is under a statutory obligation to regulate the functioning of the milk dairies.
Earlier, during the course of argument, Advocate Sheikh Shakeel Ahmed submitted, “reply shows complete surrender by the JMC before the owners of the dairies”, adding “following intervention from highest court of the State the JMC woke up from the deep slumbers and issued cyclostyled notices to 123 dairy owners requiring them to get their dairy units registered with JMC else close down or relocate them outside the municipal limits within 2 weeks”.
“There is no whisper in the reply about the action taken by JMC against 59 un-registered dairies as JMC in response to a RTI application vide No. VPHS / MVO / 331 dated 19.12.2014 read with communication No. JMC / S / RTI / 4758 dated 21.01.2015 had admitted that there are 59 un-registered milk dairies in the JMC limits”, Advocate Ahmed said, adding “even the reply is silent regarding the registered dairy units and it only leads to the conclusion that there is free for all situation and no adherence to law”.
After considering the submissions of Advocate S S Ahmed, the Division Bench directed Advocate Sachin Gupta appearing for JMC to obtain instructions in the matter and also file an Action Plan before the next date with regard to the issues highlighted in the PIL.
The Division Bench also directed Advocate Amita Khajuria appearing for Food Safety and Standards Authority of India to file response to the PIL before the next date of hearing.
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