In a Public Interest Litigation filed by Adv Rajinder Singh Jamwal highlighted the poor working of State Pollution Control Board (SPCB) especially there is hardly any arrangement for testing the quality of air. The petition pointed out that in the absence of pollution check at government laboratory level most of the industrial units have seek help from private laboratories for getting the sample tested which is in violation of law because no authenticity has been attached to these reports.
A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal observed that pursuant to order dated 31st January, 2020 a report has been filed by Ms. Avny Lavasa, Commissioner, Jammu Municipality Corporation dated 2nd March, 2020 (page 1028). Status report dated 2nd March, 2020 has also been filed by the Member Secretary, J&K Pollution Control Board. Extensive details regarding the action with regard to the waste management in the city are stated to be underway.
In order to show the working of the Solid Waste Management Byelaws, DB directed Jammu Municipal Corporation to place details of the filing of cases and the prosecutions, which are being conducted for violations under the several municipal legislations.
DB also directed JMC to place before this Court a consideration of the orders of the Supreme Court regarding the manner in which the land fill sites can be utilized.
During the course of hearing Adv Rajinder Singh submitted that the biggest difficulty with regard to the control of pollution management being faced in the Union Territories of Jammu and Kashmir as well as Ladakh, is on account of non-availability of technical expertise in the Jammu & Kashmir Pollution Control Board. It is submitted that none of the office bearers have specialized educational or technical qualifications or experience in matters relating to pollution.
DB observed that it cannot be denied that both technical and educational knowledge in the subject as well as experience of the personnel is essential for an organization to work effectively in the area for which it is created. Before examining the issues further, it would be appropriate to have the qualifications and experience of the authorities manning the Jammu and Kashmir Pollution Control Board and directed respondents to place full details in this regard before us within one week from today. JNF