Excelsior Correspondent
JAMMU, May 30: In a significant order, a Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Gupta has directed the Deputy Commissioner Jammu and the Municipal Commissioner Jammu to coordinate the smooth handing over of 97 Kanals of land identified at village Seri Khurd, Tehsil Nagrota District Jammu for a new cattle pond in order to keep stray animals.
Advocate Sachin Gupta, appearing for JMC, submitted that possession of the said land was likely to be handed over to JMC in the next one month.
When this PIL by an NGO SAVE (Save Animals Value Environment) through its Chairperson Devinder Kour Madaan alias Rumpy Madaan came up for hearing, Advocate Sheikh Shakeel Ahmed, appearing for the petitioner, submitted that time bound directions are required to be issued to JMC to take over the possession of the land.
The Division Bench, headed by Justice Dhiraj Singh Thakur, put a specific query to Advocate Sachin Gupta that how much time JMC will take to get the possession of the land identified. Upon this Advocate Sachin Gupta submitted that it will take a month’s time and the Division Bench after noting the submission of the counsel, further issued directions to the Deputy Commissioner Jammu as well as Commissioner JMC to convene a joint meeting with a view to coordinate the smooth handing over of possession of plot in question.
Advocate S S Ahmed further submitted that despite the specific directions of the Division Bench, issued on February, 28, 2018 regarding the tagging of the dairy/stray cattle, there was no headway in the matter as till date the tagging exercise was not initiated. The norms of the JMC, dated February, 10, 2016, framed by then Municipal Commissioner Mandeep Kour, specifically provide that for registration of animals, the identification of each animal will be required by Radio Frequency Identification Device (RFID), he added and further submitted that contrary to its own norms, the JMC was contemplating for colored tags which are not animal friendly and have not been found suitable for horses at Katra. RFID tags are the most successful and based upon modern techniques and most of the States in India have adopted RIFD for identification of animals, he said.
Advocate Sachin Gupta submitted that due to the transfer of Municipal Veterinary Officer there has been some delay in the tagging process but he extended assurance to the Court that the process of placement of orders for appropriate RIFD enable external tags would be initiated within 20 days.
The Division Bench directed JMC to strictly adhere to the said schedule and status report in this regard be filed within six weeks.
Advocate S S Ahmed also drew the attention of the Division Bench towards the latest survey conducted by joint team of officials from Veterinary Wing and Health Wing of JMC with regard to the total milk dairies within JMC limits. In the status report it was disclosed that out of total number of 308 dairy units, only 60 dairies are licensed whereas 248 dairies are un-licensed and there are 2255 milch animals in such dairies.
As the Division Bench expressed its serious concern over 248 un-licensed dairies, Advocate Sachin Gupta submitted that in view of inadequate cattle ponds in Jammu City, the JMC was unable to proceed against the owners of the illegal dairy units and the moment the new cattle pond is made functional, the JMC will definitely take action against the un-licensed dairies.
At this stage, Senior Advocate M K Bhardwaj, appearing for some of the un-licensed dairy units, submitted that un-registered units are also willing to submit themselves for registration upon fulfillment of the requisite norms prescribed by the JMC in regard to which a public notice already stands issued by the Corporation. He further submitted that one of the requirements for registration prescribed by the Corporation was to get a ‘No Objection Certificate’ from the Pollution Control Board, whereas the Board was not accepting the application forms of the dairy units on the ground that these are not industrial units and there was no criteria laid down in regard to the dairy units.
On this, the Division Bench directed the Member Secretary State PCB to file an affidavit as to whether any statutory or non-statutory criteria has been fixed in regard to the dairy units. Needless to say that running of dairy units by itself would result in production of pollutants, which are required to be maintained and dealt within a hygienic manner for which relevant criteria should ordinarily be fixed and put in place. The Pollution Control Board is, accordingly, directed to frame the requisite criteria, if the same is not already in place and let the needful be done within six weeks, the DB observed.
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