Excelsior Correspondent
JAMMU, Dec 8: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Mokhsa Khajuria Kazmi has disposed of the PIL filed by Indian Council for Enviro Legal Action with the direction to the respondents to treat the writ petition as representation on behalf of the petitioner and redress the grievance in accordance with law by passing a speaking order.
The Public Interest Litigation was filed for issuance of directions to the respondents to stop with immediate effect the use of surfactants in synthetic/chemical detergents in the lakes, rivers, streams in Jammu and Kashmir and constitution of an independent Expert Committee along with scientists from Central Ground Authority, Central Pollution Control Board to determine the extent of damage caused to water bodies due to pollution caused by synthetic detergents and suggest alternatives which can replace chemical detergents.
“In this Public Interest Litigation, the main issue raised, amongst others, is that the pollution caused by harmful chemicals in detergents is severely contaminating the surface and ground water leading to toxicity of drinking water and soil which ultimately has great impact on the health and life of human beings, animals and entire ecosystem”, the DB observed, adding “in a matter of this nature, particularly, when it affects the public health if it is ultimately proved, courts cannot afford to deal lightly with cases involving pollution of air and water”.
“Those who discharge noxious chemical detergents into streams, rivers or any other water bodies which inflicts on the public health at large, should be dealt with strictly de hors to the technical objections. Since escalating pollution level of our environment affects the life and health of human beings as well as animals, the courts should not deal with such type of issues in a causal or routine manner”, the DB said and suggested to counsel for the petitioner that in case the petitioner approaches the appropriate authorities, a direction would be issued to the concerned authorities to do the needful.
“It is the responsibility of the petitioner to serve a copy of this order along with complete paper book to the respondents who shall consider and decide the same within two months. It is made clear that in case the respondents find that some remedial measures are required to be taken, the same shall be taken by them without any delay. A liberty is granted to the petitioner to approach this court again, if cause survives”, the DB said.
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