Allahabad High Court Seeks UP Govt's Reply On Effective Implementation Of GOs Banning Chinese Manjha Across State

The Court has also called for the action taken reports, if any, received from the districts to enable the Court to ascertain whether the said Government Orders are being properly implemented or not.

A bench of Justice Rajan Roy and Justice Om Prakash Shukla passed this order while dealing with a Public Interest Litigation (PIL) plea filed by Advocate Moti Lal Yadav in 2018 seeking a ban on the import of Chinese manjha and other harmful products from China and a strict ban on the sale and use of such manjha in the entire state.

The UP government filed a counter-affidavit in the matter, outlining its actions to implement the ban on synthetic/Chinese manjha, including a Government Order issued in November 2017.

Further, the Court was apprised that in June 2018, the state government directed all the District Magistrates, Senior Superintendents of Police and Superintendents of Police of various districts in the State to implement the Government Order of November 2017 properly.

However, the Court noted that the issue is not that the government is not issuing orders, but the issue is with its proper implementation.

“The issue is of its implementation through para 5 of 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,” the Court remarked.

In view of this, the Court sought a response from the Home Department and the Department of Environment in the State of UP and posted the matter for a further hearing on September 25.

The Court has also directed the counsel for the Union of India to seek instructions and file a requisite affidavit as to the Union of India's stand in this regard and whether this issue is also pending consideration before the National Green Tribunal or has been finally decided by it.

In 2017, the NGT imposed a complete ban on the manufacture, distribution, sale, and use of nylon or any synthetic manjha or thread, holding that the same is lethal in nature and non-biodegradable.