Ahmedabad: As soon as the Junagadh district collector informed the Gujarat high court about his decision to ban plastic on Girnar hill, the court’s attention was drawn to a 2012 notification that had banned plastic in the area as it was included in the Girnar eco-sensitive zone (ESZ). It was issued by the Union ministry of environment, forest and climate change.
The district collector’s woes exacerbated when petitioner-advocate Amit Panchal informed the HC that the district collector himself is the chairperson of the ESZ Monitoring Committee for compliance with the rules. Any violation regarding plastic use in the prohibited area invites punishment under the Environment Protection Act.
This led the bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee to demand the annual action taken reports (ART) for the past 11 years, which the committee is mandated to send to the Centre every year in March. The bench also commented, “We apprehend that even the collector is not aware of the notification. The reason being the ban on use of plastic was declared after the high court’s intervention.”
The proceedings in the case regarding pollution on the Girnar hill, a pilgrim centre with Ambaji and Dattatrey temples, were initiated after a PIL was filed last year.
Following the HC’s observation to curb plastic use in the area, the collector last week issued a circular imposing Section 144 of CrPC to ban plastic on the hill. However, the petitioner pointed out to the court that this prohibition was already in place since 2012 when Girnar was declared a wildlife sanctuary and a 9317.5-hectare area, including 27 villages and the Girnar hill, was earmarked as ESZ. The monitoring committee was tasked with ensuring compliance, which included prohibition and regulation on use of plastic in the area.
The court directed the Junagadh collector to file an affidavit and submit action taken reports of 11 years . The court also sought an explanation for not taking note of the committee’s job in ESZ before it intervened.
The collector is required to immediately set up a monitoring committee, if not done so far, and prepare a comprehensive plan to enforce strict compliance with the notification, says the court order. The district authorities submitted plan to do away with plastic bottles and use clay cups.
The district collector’s woes exacerbated when petitioner-advocate Amit Panchal informed the HC that the district collector himself is the chairperson of the ESZ Monitoring Committee for compliance with the rules. Any violation regarding plastic use in the prohibited area invites punishment under the Environment Protection Act.
This led the bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee to demand the annual action taken reports (ART) for the past 11 years, which the committee is mandated to send to the Centre every year in March. The bench also commented, “We apprehend that even the collector is not aware of the notification. The reason being the ban on use of plastic was declared after the high court’s intervention.”
The proceedings in the case regarding pollution on the Girnar hill, a pilgrim centre with Ambaji and Dattatrey temples, were initiated after a PIL was filed last year.
Following the HC’s observation to curb plastic use in the area, the collector last week issued a circular imposing Section 144 of CrPC to ban plastic on the hill. However, the petitioner pointed out to the court that this prohibition was already in place since 2012 when Girnar was declared a wildlife sanctuary and a 9317.5-hectare area, including 27 villages and the Girnar hill, was earmarked as ESZ. The monitoring committee was tasked with ensuring compliance, which included prohibition and regulation on use of plastic in the area.
The court directed the Junagadh collector to file an affidavit and submit action taken reports of 11 years . The court also sought an explanation for not taking note of the committee’s job in ESZ before it intervened.
The collector is required to immediately set up a monitoring committee, if not done so far, and prepare a comprehensive plan to enforce strict compliance with the notification, says the court order. The district authorities submitted plan to do away with plastic bottles and use clay cups.