SC refuses to interfere in ban on plastic

The Supreme Court on Monday refused to interfere with the Karnataka government's decision to ban the manufacture, supply, sale and use of plastic carry bags and other products.

A bench of Justices Madan B Lokur and Deepak Gupta rejected a plea by senior advocate V Shekhar, representing Karnataka State Plastic Association, for staying the National Green Tribunal's (NGT) order of January 13.

The NGT had dismissed a petition filed by Karnataka State Plastic Association against the state government's notification of March 11, 2016.

Representing the association, Shekhar, along with advocate Kundan Kumar Mishra, contended that the state government was trying to bulldoze the entire industry, running into several thousand of crores.

The bench, declining the plea for a stay, agreed to issue a notice to the Karnataka government and others. The court admitted the appeal for consideration.

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 environmental impact assessment of the probable consequences of the removal of plastic carry bags with other alternatives cannot be termed as rational and reasonable.

The association also maintained that the notification issued under Section 5 of the Environment (Protection) Act did not empower the state to make a rule for the entire state.

It also stated that when the Government of India has a rule imposing a ban on manufacturing and circulation of plastic items of less than 50 microns, there could not be a complete ban as contemplated in the notification.

The high court had on March 29, 2016, dismissed the writ petition filed by the association after accepting the state government's contention that they should approach the NGT.

DH News Service