HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.            
WPPIL No. 20 OF 2011   
Yash Bhashin  
Petitioners
State and ors.
Respondent  
!Mr SK Anand, Adv. 
^Mr Gagan Basotra, Sr.AAG, Mr SS Nanda, Adv.   

Honble Mr Justice Virender Singh, Judge
Honble Mr Justice Muzaffar Hussain Attar,Judge
Date: 10.09.2012 
:J U D G M E N T :

Muzaffar Hussain Attar:

We the people of India have given to ourselves the Constitution, from the bossom of which are born three principal organs of the State viz., Legislature, Executive and Judiciary. In view of the mandate contained in the Constitution, all the three organs of the State have to function within the frontiers delineated by the Constitution itself. The legislature has to legislate the laws and the executive, which is answerable to the legislature, has to implement the said laws. Amongst others, the principal and fundamental functions of the Courts are to interpret the laws and resolve the disputes between the litigating parties, which disputes are brought before them.

Because of the disability from which certain sections of the society are suffering from viz., down-trodden class of the society, the children and women folk, and further in order to protect the environment, a national asset, the Constitutional Courts have been entertaining the petitions which are in public interest or even at times, have been taking suo-moto cognizance of the issues which have impact on large sections of the society. The 2/ Constitutional Courts have opened the doors for such proceedings for the benefit of under-privileged class of the society.

The failure on the part of the Statutory and administrative authorities in effectively implementing the statutes and carryingout the mandate of the political bosses in public interest and in accordance with the law, results in subjecting the common masses to incalculable sufferings and untold miseries. The inaction and non-performance/poor performance on the part of the statutory and administrative authorities results in depriving the basic facilities/amenities to the man on street. The amenities and the facilities which are to be provided to the people at large, have many shades. The people are approaching the courts now by filing the Public Interest Litigation complaining therein that even the basic civic facilities are not being made available to them. The products/commodities which are hazardous to human life and which endanger the environment, even though, their manufacture and circulation is banned by laws, are still available in abundance.

Such type of litigations are eating into public time of the courts which is, otherwise, to be devoted for resolving the disputes between the parties which are brought before the Constitutional Courts and other courts. In the above stated backdrop and for above reasons, the issues raised in this Public Interest Litigation have surfaced.

Legislatures are painting rainbow of rights, which due to cruel defiance of some persons, who are duty bound to translate them into reality, get eclipsed under dark clouds of insensitivity. Petitioner in this Public Interest Litigation has prayed for issuance of directions to the respondents which besides State of J&K, include J&K State Pollution Control Board, Commissioner, 3/-

Municipal Corporation, Jammu and the Deputy Commissioner, Jammu, for implementing the provisions of the Environment (protection) Act of 1986, Plastic Waste (Management and Handling) Rules, 2011, Municipal Solid Waste (Management & Handling) Rule, 2000, the Jammu and Kashmir Non- Biodegradable Material (Management, Handling and Disposal) Act, 2007 and the Rules made thereunder.

If the authorities, who are charged with the duties to implement such laws, would discharge their duty honestly and diligently, such type of petitions would not be filed. One of the functions of the Courts is to direct implementation of laws, if it is complained that the same are not being implemented by the authorities concerned. Such a situation can arise once in a blue moon. Unfortunately, this court is being flooded with Public Interest Litigations. The Commissioner, Municipal Corporation, Jammu and the Chairman, J&K State Pollution Control Board, Jammu, who are present in the court, have assured that those of the laws which are to be implemented by these authorities will be implemented faithfully by them.

The grievances projected in this Public Interest Litigation are of significant importance and the respondent-State and its authorities would be duty bound to take measures and remedial steps to redress the grievances of people at large. The issues raised in this petition are manifold and significant. Among others, it has surfaced that Municipal Corporation, Jammu is not making all out efforts to keep the city clean and create hygienic conditions. The State Pollution Control Board, in view of the averments made in the petition is found 4/-

lacking in taking effective and stringent action in accordance with the law against violators of the law.

Keeping this petition on the files of this Court any further is not required and is disposed of in the following manner:- 1/ Respondents who are present in person in the court, are directed to take all effective steps and gear up the statutory and administrative machinery for implementing the provisions of the Environment (protection) Act of 1986, Plastic Waste (Management and Handling) Rules, 2011, Municipal Solid Waste (Management & Handling) Rule, 2000, the Jammu and Kashmir Non- Biodegradable Material (Management, Handling and Disposal) Act, 2007 and the Rules made thereunder.

2/ The Commissioner/Secretary, Urban and Local Bodies, J&K State, is directed to monitor the functioning of the Municipal Corporation, Jammu for implementing these laws and maintenance of the cleanliness and hygienic conditions of Jammu city.

3/ The Commissioner/Secretary Urban and Local Bodies is further directed to supervise the functioning of Municipal Corporation, Srinagar, and all other Municipal Committees of the Jammu and Kashmir State;

4/ The Competent/disciplinary authorities are directed to seek periodical reports from all the concerned authorities; 5/ The Commissioner/Secretary, Urban and Local Bodies, shall initiate or order initiation of disciplinary proceedings against all such officers/officials who would be lacking in their performance of duty and would show utter dis-regard to the provisions of statute and instructions of superiors;

5/-

6/ The J&K State Pollution Control Board, Jammu, shall take all effective steps in implementing the provisions of the Environment (Protection) Act, 1986 and the The Air (Prevention and Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, and The Chairman of the Board shall be personally responsible to effectively implement the provisions of the aforementioned Act;

7/ It is further provided that if any of the members of the society would have any grievance against the functioning of the officers/officials of the departments concerned, then, the same shall be brought to the notice of the Competent/Disciplinary authority, who shall be under an obligation to consider and take a decision on such complaints preferably within four weeks from the date, such complaints are received and convey the results thereof to the aggrieved person(s).

The orders passed in this Petition, from time to time, shall become part of this order and the directions issued, shall be carried out in letter and spirit.

(Muzaffar Hussain Attar) (Virender Singh) Judge Judge Jammu Dt. 10.9.12 SS Khalsa/