Syed Iqbal Tahir Geelani vs State Of Jammu And Kashmir & Ors

The instant application is filed by one Darshan Kumar S/o Sh. Dharam Singh R/o 1733 North Bhartan Pana, Alipur, Delhi-36, at present Jammu, for seeking release of vehicle (Truck) bearing registration No. HR69C-5057 seized by Range Forest Officer, Anti Polythene Check Post Lakhanpur, Jammu alongwith consignment on the grounds detailed out in the application with particular reference to the fact that the vehicle has been seized in terms of the directions passed by this Court in PIL No. 159/2002 titled 'Syed Iqbal Tahir Geelani v. State of JK & Ors.'

The subject matter, as involved in the instant application, has been dealt with by us in our order dated 9th of December, 2019 passed in CM No. 6256/2019 arising out of PIL No.159/2002, relevant paragraphs whereof read thus:

"Learned counsel for the applicant, when pointedly asked as to under which order passed in the PIL aforesaid, the vehicle of the applicant has been seized, the learned counsel could only make reference to communication No. DCSTEL/180-81 dated 14th of October, 2019 issued by the Deputy Commissioner, State Taxes, Enforcement Kathua, HQ Lakhanpur, perusal whereof reveals that the said authority has informed the Forest Range Officer, J&K State Pollution Control Board, Kathua that the vehicle bearing registration No. JK03E-2135 was physically checked at Lakhanpur attached with Kay Walter Roadways loaded with "Trade Goods on 3rd of October, 2019. In the communication aforesaid, it is further stated that on inspection, it was found that the vehicle was, inter alia, carrying disposal plastic glasses which, as per SRO 182, are banned in Jammu and Kashmir and that in compliance of the directions dated 4th of March, 2014 passed by this Court in case titled Syed Iqbal Tahir Geelani v. State of JK & Ors.

On notice, Ms Asifa Padroo, the learned Additional Advocate General, entered appearance on 18th of November, 2019 and sought time to file objections. On the same date, i.e., the 18th of November, 2019, we, besides directing the Registry to list this case on 6th of December, 2019 attaching the record of PIL No. 14/2012 with particular reference to order dated 4th of March, 2014, also directed the learned counsel for the parties to place on record the copy of SRO 182 having reference to ban of polythene in Jammu and Kashmir.

The report of the Registry reveals that there is no order passed on 4th of March, 2014 in PIL No. 14/2012 directing seizure of vehicles carrying polythene.

Ms Asifa Padroo, the learned Additional Advocate General, had on 6th of December, 2019 sought time to place on record the objections/ response from the State Pollution Control Board to the application of the applicant, which has, till date, not been placed on record, however, copy of the said objections/ response stands furnished to Mr Waqar-ul-Haq, the learned counsel for the applicant. Therefore, we have requested the learned counsel for the applicant to share the copy of the objections/ response with the Bench.

Perusal of the objections/ response reveals that the vehicle bearing registration No. JK03E-2135 has been seized by the Anti Polythene Check Post Lakhanpur, Jammu, after being intercepted by the Deputy Commissioner, State Taxes, Enforcement Lakhanpur for carrying non-biodegradable disposable items banned in J&K vide SRO-231 dated 26th of March, 2019. The objections/ response also bring it to fore that the non-biodegradable disposal items like cups, spoons, glasses, plates, etc., have been banned in J&K under the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act 2007 vide SRO 231 dated 26th March, 2019 and that this Court has directed the authorities to take action in accordance with law against the violators. It is contended that as per standing directions, the vehicles seized for carrying the banned polythene items are being released by the Board only on specific orders from this Court.

In this backdrop, learned counsel for the parties were pointedly asked to make reference to the order passed by this Court directing seizure of the vehicles carrying polyethene and other allied material, which they could not do.

We have also perused the order dated 26th of February, 2014 passed by this Court in OWP (PIL) No. 159/2002, wherein this Court, while dealing with the issue of illegal entry of polythene and polythene carry bags to Jammu and Kashmir, in paragraph No.2, has only made observation that "the seized vehicles carrying polythene and polyethene material were not to be released without express orders from this Court."

We have heard the learned counsel for the parties, perused the pleadings on record and considered the matter.

In view of the stand taken by the respondents, it has become clear that the vehicle in question has not been seized on account of any orders of this Court and that the vehicle, in fact, has been seized in implementation of the law and the rules governing the subject by the competent authority/ Officer dealing with such issue. Since, it is the authorities that have initiated the entire proceedings with regard to seizure of the vehicle in question on the basis of the rules governing the subject, therefore, the applicant has the liberty to approach the concerned authority/ Officer or any other available forum for seeking the relief claimed before us.

In the above background, this application is disposed of giving liberty to the applicant to approach the competent authority for seeking the relief prayed herein. Upon approach by the applicant, the concerned authority shall deal with this issue and pass appropriate orders thereon in accordance with the law and the rules governing the subject. We make it clear here that the authorities concerned shall not seize any vehicle unless they follow the procedure in tune with the application of rules and the law governing the subject."

In view of above and with a view to maintain parity, the instant application shall also stand disposed of on the same terms, as extracted hereinabove.

CM disposed of as above.