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HC for policy decision on polythene ban

SYED BASHARAT. Dated: 7/5/2013 12:59:02 AM

130 quintals of polythene seized in 5 months

SRINAGAR, July 4: The High Court was today informed that around 130 quintals of polythene has been seized by the authorities in five months since January this year.
A division bench of the High Court that heard a Public Interest Litigation (PIL) seeking conservation of world famous Dal Lake, later asked the state government to come clear and take a policy decision whether carry polythene bags or polythene material has been banned in the state. The government has been given August 14 deadline to come clean on the issue.
Earlier the amicus curie informed the Court that the authorities have seized 12299 kilograms of polythene from different areas in the state since January till May 22 this year.
In its compliance report filed today the government had said that polythene is being continuously seized from different places in the state. The court termed it a ‘disturbing feature’. On March 7, the High Court had directed the government to file compliance report with regard to its directions in the matter.
The Court also granted Lakes and waterways Development Authority (LAWDA) two weeks which it had sought to file a ‘comprehensive relocation plan’ for houseboats in Dal Lake.
In December last year, the Court had directed the government to shift houseboats to Doldum area of Nishat in accordance with a proposal mooted by LAWDA.
The Court had also pulled up Houseboat Owners Association (HBOA) for its failure to retreat houseboats 300-meter feet away from parapet wall of the Boulevard Road, passed the directions.
Referring to realignment of houseboats, the Court had observed that a proposal was mooted out by none other than HBOA of its own according to which 329 houseboats were to be realigned. The proposal was to be implemented between November 5 and 9, 2012.
On October 29, 2012 the Court had asked HBOA to shift from their present position to Western shore of the Lake primarily for demonstrations purposes. Lakes and Waterways Development Authority (LAWDA) was directed by the Court to inspect the realignment of houseboats at Western shore and give its comments to this proposal as has been mooted out by the HBOA.
“Some 320 houseboats will have to shift from their present position to the Western shore for demonstration purposes which will facilitate easy drainage of the waste coming out from these boats,” Qadri had told Kashmir Times.
Meanwhile, on the same day all District Magistrates (DMs) of the state were directed by the Court to implement ban on the use of polythene in the state. “All the DMs have been asked to strictly implement ban on the use of polythene. They have been also asked to file compliance report by or before the next date of hearing in the matter,” the Advocate General had told Kashmir Times.
On August 14, the Court had asked the state government to file response to various queries raised by the court from time to time in the matter. During earlier hearings in the matter, LAWDA has informed the court that out of 315 kanals of encroached Dal Lake land, only 40 kanals have been retrieved.
The LAWDA was directed to file a compressive affidavit vis-à-vis 275 kanals of land which is still under encroachment. The Court had also directed Traffic police department to ensure that no vehicle is washed on the banks of Dal Lake so that the water body will not get polluted. The DIG Traffic was directed to install signboards prohibiting the washing of vehicles on the banks of Dal Lake.
The Srinagar Municipality and other developmental authorities were directed by the court to take steps to prevent the use of polythene in and around the lakes. In addition to this, the court had ordered the Sate Pollution Control Board (PCB) to monitor the functioning of small industrial units around the lake ---particularly their waste disposal methods.
The court had termed the report of the PCB describing the condition of Dal Lake as “stinking, savage looking and flow of sewage and waste into Dal Lake to be rule of the day” as a saddening situation which has not been responded to by the chief secretary.
“In that view of the matter, we are left with no option but to make all the functionaries directly accountable to the court including the chief secretary. The report of the performance submitted through daily diaries being unsatisfactory and effective line of action for conservation and restoration operations within the Dal Lake have become imperative….,” the High Court had said in 2008.