Division Bench of State High Court has made significant observations while dispensing a PIL. It says that the statutory and administrative authority in the State is failing in its duty of delivering in the interest of the people. It thinks that these agencies are suffering from in-action, non-performance or poor performance. In particular the municipal corporations and municipal committees have come under server censure. There is weight in the argument of the court that owing to inefficiency or non-performance of statutory and administrative authorities, a large number of PILs are piling up with the court and consuming its time which could have been spared for addressing more important issues. That the PILs are piling up with the High Court is a proof in itself that there is something is wrong or lacking at administrative level. There are clear instructions and orders for these authorities to act in the interest of the public at large but they do not act. The result is that the people are put to great inconvenience. The court has right drawn the attention of the concerned to the legal provisions available like Environment (Protection) Act of 1986, Plastic Waste (Management and Handling) Rules, 2011, Municipal Solid Waste (Management and Handling) Rules, 2000 and the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007 and the Rules. The ire of the court is particularly directed at the municipal authorities for their very poor performance in the areas of sanitation, environmental health and cleanliness of the cities of Jammu and Srinagar. The censure of the Honourable Court has to be taken as a positive measure of bringing relief to the people in general. The court has also suggested that action under law has to be taken against the defaulters and that is the duty of the concerned authorities. Hopefully the strict instructions given by the court to the Commissioner Secretary Urban and Local Bodies to 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, will bear fruit.
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