HC directs companies to pay polluter tax

Excelsior Correspondent
SRINAGAR, Dec 3: The High Court has directed the Gulmarg Development Authority (GDA) to give wide publicity of notified Solid Waste Management Bylaws made for world famous ski tourist resort Gulmarg and called upon the manufacturers of various food companies for collection of tax (polluter pay) from them for using their products in the resort.
The Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar passed these directions while hearing the PIL on protection and preservation of Gulmarg from encroachments and pollution.
Chief Executive Officer in his compliance report submitted before the Court that the Bylaws regarding Solid Waste Management have been received from the Municipal Committee Gulmarg and Tangmarg and the notification regarding the said bylaws has already been issued by the MC Gulmarg and Tangmarg.
“The Respondents shall ensure that wide publicity with regard to the important provisions thereof especially in terms of ‘littering fines’ prescribed in the schedule is given. Infact appropriate sinages giving the details of the relevant provision and quantum of fines shall be placed at all important places in Gulmarg”, the DB directed and asked the authorities to place before the court a status report regarding the number of fines which have been issued and recoveries affected by them.
With regard to calling upon the Companies of soft drinks, chips, chocolates, and other food items wrapped and packed in polythene and plastic whose products are resulting pollution in Gulmarg on application of the ‘polluter pays’ principle and utilization by such statutorily mandated Corporate Social Responsibility (CSR) allocation towards pollution which is being generated in Kashmir because of their commercial activities, the court has been informed that an intensive exercise towards the identification of the companies has been undertaken.
However, evaluation of the mechanism as directed by the court could not be made effectively on account of difficulties faced as interned facilities are not available. Court directed him to examine the issue and submit the report before it on next date of hearing.
The direction has been passed in view of submissions made by CEO GDA informing the court that apart from other municipal waste a big challenge for the GDA was that the waste comes out by the use of cold drinks, snakes, chocolates, wafers etc. To this, the court asked him to call upon all the representatives of manufacturers of such companies for paying tax towards the GDA to keep the resort free from plastic and polythene waste.
GDA in view of fresh illegal constructions under the garb of repair or renovation is under direction not to grant any permission for repairs or renovation of structures in Gulmarg unless a complete and detailed plan of the proposed/existing structures including the measurements and permissions granted for raising of construction of the existing structures including the measurements is accompanied with the application.
The direction has been recently passed by the court in view of illegal constructions on public land in violation of the orders and under the garb of permissions obtained by the property owners for effecting repairs, illegal and unauthorized constructions were going on in the Gulmarg.

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