HC sets May 5 deadline for compensation to 11 nylon manja victims

Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay high court asked state govt to pay compensation to 11 victims of nylon manja before May 5.The compensation, ranging from Rs 50,000 to Rs 1.5 lakh, had been ordered by the court in its earlier order, dated Jan 16. In the latest hearing of a suo motu public interest litigation on April 15, the court said the collectors of Chhatrapati Sambhajinagar, Jalgaon and Ahilyanagar would be personally held responsible, and they would be directed to pay a cost from their pockets at Rs 1,000 per person per day till the compensation amount was paid.During the hearing, the govt pleader placed on record a communication by the additional collector of Chhatrapati Sambhajinagar to the Govt of Maharashtra secretary, dated April 13, thereby demanding the amount be paid to those victims in view of the court order."It is a sorry state of affairs that in spite of specific orders, the authorities would buy time just by making demands. When the orders are passed in public interest litigation, the govt should be serious. Now, as a last chance, we give time to the state govt to make the said payment," the two-member bench of Justice Vibha Kankanwadi and Justice Neeraj Dhote said.Notably, the court, during an earlier hearing on Jan 9, had specifically said that "We put the state machinery to notice that the amount of compensation will be enhanced with strictures against the authorities."The court has been hearing a suo motu PIL initiated in 2020 based on TOI reports that highlighted the ill effects of nylon manja and official inaction.During a hearing on April 15, the deputy inspector general of police (Maharashtra Cyber), Mumbai, who is a member of the state-level Special Task Force that came to be appointed as per order of the court, apprised the court about what the STF did to identify the manufacturing units of synthetic fibre. The STF said that 23 manufacturers in Maharashtra were engaged in such production, and it issued instructions through the Maharashtra Pollution Control Board to the manufacturers. So far, an undertaking has been obtained from seven such manufacturers, that their products will not be used or sold for any illegal activities involving kite flying.The STF told the court that it will coordinate with the road transport authorities, local self-govt bodies, highway police, transport associations and courier service providers to keep a check on nylon manja. To this, the court said the affidavit by the STF lacked the details as to how it would coordinate and how it would monitor on a regular basis with these authorities as far as transportation of nylon manja is concerned.With respect to seizures and prosecutions, the STF said the police have intensified the enforcement drives across the state resulting in various FIRs and seizures in the matter."Here we would state that mere lodging of the FIR and taking up the prosecution will not suffice ultimate result till proof of the guilt. There has to be seriousness on the part of the police, and the low conviction rate in such matters will ultimately result in non-proper implementation of the policies and the law. The quality of prosecution should be highest and not the quantity only," the court said.It added, "Hope, the STF issues instructions to the police across the state about what kind of evidence should be collected and how the prosecution should be taken to its logical end." The court also said the STF should consider establishment of special task force district-wise or city-wise, taking into consideration the size of the population, which would then be made responsible to implement the policy that would ultimately come up.The STF told the court that the cyber department has established a special mechanism to monitor e-commerce platforms and is also conducting continuous surveillance drives. To this, the court said, "Again, it can be stated that the action taken report should not limit itself to this year, but it should be a continuous process."While the court was told that the environment and climate change department intends to come up with a comprehensive policy and STF also wants to place on record the policy, the court said both should see that there are no overlapping or contrary provisions in the policies that are to be made.The next hearing on the suo motu PIL is scheduled on July 6.