ANALYSIS OF STPS: HIGH COURT RAPS SPCB CHAIRMAN, SECRETARY

The Jammu and Kashmir High Court on Tuesday directed Chairman State Pollution Control Board and its secretary to show- cause as to why they shall not be punished for defying court directions on preventing pollution in Dal lake.
ANALYSIS OF STPS: HIGH COURT RAPS SPCB CHAIRMAN, SECRETARY
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The Jammu and Kashmir High Court on Tuesday directed Chairman State Pollution Control Board and its secretary to show- cause as to why they shall not be punished for defying court directions on preventing pollution in Dal lake.  

"The Court is left with no option but to initiate contempt proceedings against the chairman Abdul Razak and Secretary Vasu Yadav of J&K Pollution Control Board. The said authorities to appear in person before the Court on next date to show cause as to why they shall not be punished for committing contempt of the Court," a division bench of Justice Muzaffar Hussain Attar and Justice Ali Muhammad Magrey said, while directing its Registry to frame rule against the duo. 

The directions came after senior counsel, Z A Shah, who assists the Court as Amicus Curie referred to court order dated December 28, 2015, and submitted that the JKPCB Board has taken a grave issue lightly. 

In its order of December 28, the court had directed the PCB to check and analyse discharges added to the lake through STPs at Hazratbal, Nishat, Nallah Ambir Khan, Brari Nambal and other places after every two weeks and submit reports without default.

The Court had also asked for carrying out tests of discharges added to the lake by non-government STPs set up by private actors like Grand Palace, Hotel Centaur Lake View, SKICC, SKIMS Soura to ensure that treated discharges as regard PH, TSS, TDS, COD and BOD, Ammonical Nitrogen and phosphate and other chemicals are upto prescribed limits. 

Observing that the issue is of considerable pubic importance, the court said that " by not filing compliance report, it prima facie appears that the authorities SPCB which includes chairman and Secretary have deliberately and intentionally violated the aforesaid Court directions, in as much as they have shown complete non compliance of the same." 

The court, however, directed Chief Secretary of the state to file affidavit in the light of the observations made and directions passed on December 28, 2015. It said the affidavit be filed before the next date of hearing.

 The court also directed the CS to consider shifting of such officers from SPCB who do not charge their duties and also prima facie violate the Court orders. 

Action be taken report in this behalf, the court said, be detailed out by the Chief Secretary in the affidavit.

Meanwhile, the court directed the SPCB to strictly comply with the Court directions whereby they have been directed to submit the reports after every two weeks without any default. "The said report be filed within two weeks before the registrar Judicial of this Court," the court added.

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