Excelsior Correspondent
Srinagar, Nov 12: The High Court has warned of adverse orders in case the authorities fail to file Action Taken Report (ATR) for strict prohibition on use of polythene in tourist areas of J&K and Ladakh.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta in an application said the ATR as directed has not been filed by the concerned authorities and directed for filing of the same positively before next date of hearing, failing which appropriate orders shall be passed.
Government counsel submitted before the court that the reply to the application as also the ATR could not be filed as the copy of the application has not been furnished to him by the applicant.
Court directed the copy of application be furnished to Government counsel within two days by the applicant counsel. Court while hearing an application seeking release of a vehicle seized for carrying prohibited material of polythene has directed for prohibition on polythene required to be strictly enforced and observed that the authorities give due publicity of the prohibition and apprise all the vehicle owners and the public at large about the legal position.
In this regard, Home Department, PCB, Tourism Department, Floriculture Department, Environment and Forest Department as also the Housing Urban Development Department have to prepare proper publicity material which the court said, shall be posted in the electronic and print media.
Publicity for prohibition on use of polythene has to be displayed on signages at all prominent places in both the UTs putting the public at large notifying the public regarding prohibition and disclosing the liabilities which the court said, shall be flow to the vehicle owners for carrying such prohibited material including the financial liabilities or fines.
The departments of Srinagar Development Authority, Jammu Development Authority, Pahalgam Development Authority, Gulmarg Development Authority, Sonamarg Development Authority and Patnitop Development Authority have to submit their Action Taken Report on this issue by or before the next date of hearing before the court.
Government is already under direction to setup a mechanism to prevent the entry of polythene into the UTs so as to ensure the ban on polythene and its allied products is implemented in letter and spirit.
The problem is importation of polythene from outside the UTs which the PCB is not in a position to curb the said practice as such the Chief Secretary of the erstwhile State was directed to setup a mechanism on entry point at Lakhanpur so that the ban on use on polythene is implemented in letter and spirit.
Court has already pointed that if the entry point is regulated then there would be drastic decrease in pollution throughout both the UTs. Apart from this, Divisional Commissioners of both provinces were directed to monitor the entry, trade and sale of polythene material and indicate their progress by filing the latest status report on next date.
Noted to be here that the use of polythene is strictly banned by the court. However, the polythene with 50 microns in thickness is allowed by virtue of SRO 45. Court had put strong doubts regarding the misuse of said SRO and its implementation and PCB was to examine the SRO minutely the mechanism in place about the said SRO.
“Ban on polythene carry bags-Ban on the manufacture, stocking, distribution, sale and use of polythene carry bags, plastic sheets or like, cover made of plastic sheet, plastic packaging and multilayered packaging less than 50 microns in thickness within the territorial limits”, the SRO 45 read.
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