HC directs for mechanism to prevent entry of polythene into J&K

Excelsior Correspondent
Srinagar, Mar 7: High Court today directed the Government to set up a mechanism to prevent the entry of polythene into State so as to ensure the ban on it and its allied products is implemented in letter and spirit.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey passed the direction after the Court was informed by Law Officer of Pollution Control Board (PCB) that so far as the manufacture of polythene and its allied products is concerned a liability has been put on the manufacturer in case it has been found that the polythene and its allied products are being manufactured but showed his inability over control on such polythene which is being imported to Valley.
He further added that the problem is import of polythene from outside the State which the board is not in a position to curb the said practice. Court in this view directed the Chief Secretary of the State to setup a mechanism on entry point at Lakhanpur so that the ban of use of polythene is implemented in letter and spirit.
Court said, if the entry point is regulated then there would be drastic decrease in pollution throughout the State. Court further directed Divisional Commissioners of both provinces to monitor the entry, trade and sale of polythene material and indicate their progress by filing the latest status report on next date.
With regard to preparation of ‘Solid Waste Management Plan for Pahalgam,  Court was informed that there are some deficiencies which need to be taken care of. In this connection Court has informed that Pahalgam Municipal Committee, Amarnath Shrine Board, Pahalgam Develop-ment Authority and Pollution Control Board are going to make joint review to prepare action plan and thereafter action plan for Solid Waste Management be put in place. Court directed that same be indicated in next status report.
About the treatment of sewage, Court has been apprised that action plan for the same has been prepared by the PCB and has been forwarded to Amarnath Shrine Board and Pahalgam Municipal Committee for approval and suggestions.
With regard to appointment of technical expert for supervising the repair or renovation of any structure in and around Pahalgam tourist resort, Court has been informed that Executive Engineer PDA has been appointed as expert to supervise the repair and renovation of any structure in and around Pahalgam tourist resort. Court directed him to ensure that applications for any repair or renovation are decided within time.
For the said earlier Chief Town Planner (CTP) was entrusted with the said job but the Court did not agree with his supervising the repair and renovation of structures in and around the resort with the observation that the CTP is already assigned with various works as such it would be proper to consult some other expert in this connection.
Deputy Commissioner Anantnag who is also the chairman BOCA-PDA was directed to ensure meetings are held so that the pending cases with regard to permission for repairs are cleared. Court has been informed by State counsel that some meeting has taken place but Court has not been informed whether any case has been cleared or not. Court in this view said in case the pending cases are not cleared then chairman BOCA shall remain present before the court on next date.
Chairman BOCA was directed to ensure that meetings are held in the coming week and also in the following weeks so that all pending cases with regard to repairs are cleared.
As regards to demarcation, identification and superimposition of areas which are coming under the jurisdiction of PDA, Court has been informed that the same has been prepared by the CTP and has been forwarded to SDM Pahalgam for verification.

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