Punjab-Haryana High Court
Hari Bhari National Environment ... vs State Of Punjab And Others on 23 April, 2013
Bench: Jasbir Singh, Rakesh Kumar Jain
CWP No.12734 of 2005(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.12734 of 2005(O&M)
Date of decision: 23.04.2013
Hari Bhari National Environment Protection Society (Regd.)
.....Petitioner
versus
State of Punjab and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr.Justice Rakesh Kumar Jain Present: Mr.B.B.S.Sobti, Advocate for the petitioner Mr.Vinod S. Bhardwaj, Advocate counsel for CCSHAU, Hissar Mr.A.R.Takkar, Advocate for PPCB Mr.Arun Walia, Advocate for Haryana Pollution Control Board Jasbir Singh, Acting Chief Justice (Oral) This order will dispose of CWP Nos. 12734 of 2005, 7821 of 2006 and 10019 of 2010. To dictate order, facts are being taken from CWP No.12734 of 2005.
This writ petition was filed in public interest with a prayer that directions be issued to the respondent States of Punjab and Haryana to strictly enforce the provisions of Insecticides Act, 1968 as amended upto date so that life of the citizens can be protected which is in danger on account of excessive use of pesticides at the crops.
After entertaining this writ petition, various orders were passed, directing both the States to take action as per provisions of the Act, referred to above. It was also directed that status report of action taken be submitted before this Court. At one time, Punjab Agricultural University, Ludhiana, CWP No.12734 of 2005(O&M) 2 Haryana Agricultural University at Hissar and the Pollution Control Boards of Punjab and Haryana were also directed to file their response to the averments made in this writ petition as to how this problem can be tackled. The aforesaid authorities filed their responses from which it was also noticed that injections were being administered to the Cows and Buffaloes for extracting more quantity of milk. Taking note of the same both the States were asked to initiate remedial measures to stop use of drugs, as referred to above. Reports were also filed by the Pollution Control Boards of both the States. Vide order dated 29.10.2007, it was directed that let suggestions filed by all the stake holders be discussed in a meeting in which petitioner may also participate. Above order was reiterated on 22.1.2008. During discussions before this Court, both the Universities suggested ways and means to stop excessive use of pesticides to enhance production of crops. On 23.9.2008, following order was passed by this Court:-
"Learned counsel for the parties submit that issues relating to use of pesticides and insecticides and the adverse affects of the same on human health and environment have been raised for consideration in the present proceedings. They submit that the issues have wide ramification and would require and extensive debate with the help of experts on the subject. They also agree that these issues cannot be dealt with in the present proceedings. The present proceedings can at best be used to constitute a forum where the same can be debated and an effective decision taken for implementation by the Governments at the appropriate level. They agreed to CWP No.12734 of 2005(O&M) 3 formulate the terms of reference to be laid before any such forum as also the composition of the same for the States of Punjab, Haryana and Union Territory of Chandigarh. They seek four weeks time to make their suggestions."
A Committee was suggested to be constituted to discuss the issue. It was so intimated to the Court on 13.2.2009. Vide order dated 19.2.2009, membership and scope of the committees were increased, experts were included as member of that Committees and the Committees were directed to examine the following issues on 19.2.2009 to make recommendations thereon:-
(i)To suggest strategy and policy interventins to promote safe and judicious use of chemicals viz. Fertilizers and pesticides in agriculture;
(ii)To suggest steps to promote use of micor nutrients for improving efficiency of fertilizer use;
(iii)To suggest measures to facilitate and promote integrated Nutrient management (INM) through judicious use of chemical fertilizers, including secondary and micro nutrients, in conjunction with organic manures and bio-
fertilizers, for improving soil health and its productivity;
(iv)Evaluation of the implementation of Insecticides Act, 1968;
(v)To identify areas that need to be addressed for assuring effective regulation of specification for use of pesticides, insecticides and fertilizers;
(vi)Measures that need to be adopted to stop the producers and CWP No.12734 of 2005(O&M) 4 traders from using harmful chemicals and materials for giving artificial look to the fruits and vegetables and for ripening of the fruits;
(vii)Measures that can be adopted to stop the indiscriminate and harmful use of Oxytocin for milching cattle;
(viii)Any other measures that are, in the opinion of the Committees, necessary to effectively deal with the problems and the hazards arising out of indiscriminate, unregulated and improper use of pesticides, insecticides, fertilizers affecting human health or milk inducing drugs and medicines for cattle."
Thereafter, both the Committees were also directed to hold joint meeting. On 26.4.2010, following order was passed by this Court:-
"Counsel for the petitioner has made some useful suggestions in response to the Committees' recommendations dated 27.1.2010. He has suggested that as a Pilot Project studies be undertaken in Malerkotla, district Sangrur in the State of Punjab and district Sonepat in the State of Haryana, in respect of use of pesticides on vegetables. He has also suggested that Tajpur Road and Haibowal Kalan, Ludhiana be mapped for study in dairy farming.
Counsel for the States have no objection to the suggestions. However, Mr.Malik, learned Additional Advocate General, for the State of Haryana suggests that the study for use of pesticides on vegetables be undertaken in district CWP No.12734 of 2005(O&M) 5 Panipat in place of district Sonepat as in district Panipat cultivation of vegetables is much more than district Sonepat.
We accept Mr.Malik's suggestion and direct that an urgent study be conducted in Malerkotla, district Sangrur in the State of Punjab and district Panipat in the State of Haryana in respect of vegetables and at Tajpur Road and Haibowal Kalan, Ludhiana in dairy farming and submit a report to this Court.
List again on 13.9.2010.
It will be open to Haryana to undertake this study in a selected district for dairy purposes also.
It will be open to the State to associate the petitioner for the said study.
Copy of the order be given dasti under the signature of Special Secretary of the Bench."
As a pilot project, studies were ordered to be undertaken in Malerkotla, district Sangrur in the State of Punjab and in district Sonepat in the State of Haryana. It was further suggested that Tajpur Road and Haibowal Kalan, Ludhiana be mapped for study in dairy farming. The States were directed to file status report regarding action taken, as per studies undertaken by the Committees and also directions issued by this Court. This writ petition was admitted on 26.5.2011. The authorities were directed to continue to make efforts to prevent excessive use of pesticides as directed vide orders earlier passed by this Court. Today again, it has been said that States have done nothing to stop excessive use of pesticides. CWP No.12734 of 2005(O&M) 6
Under the circumstances, we dispose of this writ petition by directing both the States of Punjab and Haryana and also UT Chandigarh to take remedial steps and implement the provisions of Insecticides Act, 1968 and Rules framed thereunder in letters and spirit. Recommendations made by the Committees be kept in mind. The areas of consideration which were suggested by this Court vide order dated 19.2.2009 be also examined for further study and action be taken accordingly. It is further directed that both the States and the UT Chandigarh shall continue to file reports of action taken by the concerned states after every six months. If report is not so submitted to this Court, the Registry shall put up these writ petitions for motion hearing.
To submit report, it shall be the personal responsibility of the Financial Commissioner Development of both the States and and Secretary Development in UT Chandigarh. If any laxity is shown strict action will be taken against above said officers. The direction issued in this order shall be personally conveyed by the officer relinquishing the office to the officer who, as and when, joins the office against the post mentioned above.
(Jasbir Singh)
Acting Chief Justice
23.04.2013 (Rakesh Kumar Jain)
gk Judge