The Lucknow Bench of the Allahabad High Court has sought a reply from the Uttar Pradesh government on effective implementation of government orders banning Chinese manja across the state.
A single-judge bench of Justice Rajan Roy and Justice Om Prakash Shukla passed this order while hearing a Public Interest Litigation (PIL) filed by Moti Lal Yadav.
The petition was filed in 2018 seeking the following reliefs :-
“I. Issue a writ order or direction in the nature of mandamus thereby directing the Opposite Party nos 1 and 2 to ban on import of Chinese manja and other injurious products from China to India which are injurious to health of the human beings.
II. Issue a writ, order or direction in the nature of mandamus directing the opposite party nos 3 and 4 to strictly ban on sale and use of Chinese manja as well as other manjas in the entire state of Uttar Pradesh.
III. Issue a writ order or direction in the nature of mandamus thereby directing the Opposite Party no 3 Chief Secretary of State of Uttar Pradesh to pass an appropriate punishable government order, notification/circular for strictly prevent/ban on sale and use of Chinese manjha as well as other manjas in the entire state of Uttar Pradesh.”
The Court noted,
State Government has filed the counter affidavit inter alia stating therein that after issuance of the Government Order dated 16.11.2017, in pursuance to the orders passed by this Court on 15.05.2018 another Government Order dated 06.06.2018 was issued to all the District Magistrates, Senior Superintendents of Police and Superintendents of Police of various districts in the State for proper implementation of the Government Order dated 16.11.2017 which was issued prohibiting, manufacturing, storage, use and sale of Synthetic Manja/Lead quoted/Nylon Patang Dori and Chinese Manja and also called for the action taken report.
The counter affidavit further goes on to state that the Government Order dated 02.03.2016 was also issued in compliance of directions of the Court in Civil Misc Writ Petition: Devashish Mitra vs State of U.P by which use of Chinese manja has been prohibited in rural and urban areas of the State in exercise of the power under Section 5 of the Environment (Protection) Act, 1986.
The Government Order dated 01.05.2017 was also issued by the Principal Secretary, Environment, Government of UP in compliance of judgment dated 19.11.2015 passed by the Court in PIL: Anurag Mitra vs State of U.P and others as well as the order of the National Green Tribunal dated 14.12.2016.
On 31.01.2017, necessary directions have also been issued by the Director General (Law and Order) UP to all Zonal Inspector General of Police for necessary compliance of the orders.
The Court further noted,
However, the issue is not that the government is not issuing orders. The issue is of its implementation though in the counter affidavit mentions that action taken report had been sought from the concerned District Magistrate and Superintendent of Police, the same have not been filed as yet.
Counsel for the petitioner has placed before us a news item published in Hindi daily newspaper Amar Ujala on 26.08.2024 pertaining to an incident where the throat of a person got slit on account of Chini Manja being used by a youngster. These incidents have happened in Lucknow.
“Let a fresh affidavit be filed by the Home Department as also the Department of Environment in the State of UP as to the mechanism in place for implementing the Government Orders and how this mechanism has been utilised to ensure effective implementation of the orders. The action taken reports, if any, received from the districts be also summarised and brought on record so as to enable the Court to ascertain as to whether the said Government Orders are being properly implemented or not,” the order reads.
The Court has fixed the next hearing of the petition on 25.09.2024.
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