New Delhi, Nov 7, 2017 (DHNS): The Supreme Court has rejected a plea to stay operation of the Karnataka government’s decision to ban manufacture, supply, sale and use of plastic carry bags and other products.
A bench of Justices Madan B Lokur and Deepak Gupta refused a plea by Canara Plastics Manufacturers and Traders Association, Mangaluru to interfere with the March 11, 2016 state government’s notification.
The court, however, admitted the appeal filed by the association for consideration. It also decided to tag the association’s petition with another civil appeal filed by Karnataka State Plastic Association.
The court had earlier issued notice to the state government on their plea against the National Green Tribunal Chennai’s order of January 13. The tribunal had dismissed their petition.
In its appeal, the association contended that the NGT did not appreciate that the act of issuance of direction imposing complete prohibition on the sale, usage, manufacture and storage of plastic carry bags and other products without conducting any environment impact assessment of the probable consequences of the removal of plastic carry bags with alternatives cannot be termed as rational and reasonable.
The association also maintained that the notification issued under Section 5 of the Environment (Protection) Act, 1986 did not empower the state to make the rule imposing ban on manufacture, supply, sale and use of plastic carry bags, banners, buntings, flex, flags, plates, cups, spoons, cling films and sheets.
It also stated when the Government of India has passed central rule ’Plastic Waste (Management and Handling) Rules, 2011’ imposing ban of manufacturing and circulation of plastic items of less than 50 microns, there could not be complete ban by the state government under delegated power.
The High Court on March 29, 2016, had dismissed a writ petition filed by the association after accepting the state government’s contention that the aggrieved party should approach the NGT.