Mumbai plastic ban: Legality of plastic bag ban in question, Plastic bag manufacturers move High Court

Mumbai: The decision of the Maharashtra government to impose a blanket ban on the use of plastic has not gone down well with the public in general and the plastic manufacturers in particular. The Plastic Bag Manufacturers Association of India has accordingly petitioned the Bombay High Court seeking quashing of the notification imposing the ban.

A division bench of Justice Abhay Oka and Justice Riyaz Chagla directed the government to file its reply on the petition moved by the association, which claims the State government has no powers to impose such a ban. Senior advocate Milind Sathe, appearing for the association, told the judges that the government had initially issued a public notice in January this year banning plastic which was challenged in the High Court.

“In response to that petition, the government had filed an affidavit on March 1, wherein it claimed the ban would not be enforced at least for a month as it has invited objections and suggestions. But surprisingly, on March 23, a notification was issued wherein the government said its public notice of January was final. We are challenging this,” advocate Sathe argued.

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According to the lawyer, the government cannot impose such a ban by merely issuing an ‘executive’ order. “Such bans can only be introduced under relevant rules and not under an executive order like government notifications. This ban was not introduced by amending the existing rules but instead through the notification,” Sathe said.

“Apart from this, the government has also not introduced any norms as to what is to be done and what not. Under the rules, norms must be laid down for disposable garbage and non-biodegradable garbage. But this notification lacks such norms, so the ban is not maintainable,” Sathe added. Sathe also said the ban is not ‘workable’ as the government has failed to specify as to what is banned under the notification and what is not.

“There is no specification in the notification clarifying as to what actually is banned. We have raised this contention too,” Sathe said. Apart from all this, the association has cited the legal ground that the state government does not have powers to introduce such a ban. Neemit Punamiya, the general secretary of the association said, “The ban on use of plastic bags is already in place under the Central rules. The Maharashtra government does not have any such power; only, the Centre is empowered.’’ Having heard the contentions, the judges posted the matter for a detailed hearing on April 11.