MUMBAI: The Bombay high court on Friday refused to stay the
Maharashtra government's law banning plastic across the state, but ruled out any penalty on individuals for possession of the banned items till June 23.
Batting for citizens, a division bench of Justices Abhay Oka and Riyaz Chagla removed all ambiguities from the state's decision to give three months' time to all to dispose of the proscribed items, saying no coercive action can be taken against individuals found in possession of the banned plastic items till June 23. The government's representative had said on Thursday that people found in possession of such stuff or using plastic could be penalized in that period.
"Prima facie, we find more than sufficient material is placed on record (by the government) to show that the restriction imposed in the notification (of March 23) is reasonable," said the bench. It rejected the plastic manufactures' claim that the ban violated their right to carry on an occupation, trade or business, saying, "It is not an unreasonable restriction on fundamental rights."
The bench allowed the petitioners representing various plastic manufacturers' associations to approach the government within a week with requests for exemptions and modification of the rules. The state has to take a decision by May 5.
The court has scheduled the matter for final hearing in June.
The plastic manufacturers claimed the loss of livelihood for thousands of families working in the industry, but the high court said it could not ignore "harmful effects created by clogging of drains and indiscriminate throwing of plastic waste".
The associations said they planned to avail of the lifeline given to them to approach the state government. "We will sit with the government and find a way to save the industry," said
Ravi Jashnani, president, Maharashtra Plastic Manufacturers Association, one of the petitioners. Neemit Punamiya, general secretary of the
Plastic Bag Manufacturers Association, said the CM had assured them a hearing on April 16. "We are hoping for the best," he said in a message.
The court's interim order comes as a major reprieve to citizens who may be in possession of the banned plastic items and bottles. As per the March 23 notification, there was an immediate ban on the use of plastic by citizens, who were given three months' time to dispose of the items. "We cannot ignore that individual consumers may be in possession of restricted items and may be using it. Individual citizens may not have been able to dispose of restricted items within three months. Accidental use of restricted items will expose them to prosecution," said the judges. The court said no coercive action should be taken against individual citizens. "We hope and trust that the authorities will ensure that no individual citizen found in possession of restricted plastic items is made to face prosecution though he is not using the same but is only found in possession," said the bench.
Upholding the ban, the court referred to the environmental justification of the state while introducing the notification - "accumulation of plastic waste in landfills, water bodies and natural habitats, physical problem for wild animals resulting from ingestion or entanglement in plastic, the leaching of chemicals from plastic products... and burning such waste in open environment causes various diseases in humans and animals".
The March 23 notification, brought under the Maharashtra Non-Biodegradable Garbage (Control) Act enacted in 2006, banned the manufacture, sale, transport, storage and use of plastic including bags, disposable plastic spoons, forks, cups, glasses, containers and thermocol for decoration. While initially it had banned plastic bottles with a capacity of less than 500 ml, on April 11 it allowed PET bottles of all capacity "made of high quality food grade virgin Bisphenol-A free material" with a pre-defined buyback policy printed on it. The manufacturers were tasked with having to set up collection centres, reverse vending machines and crushing machines at different places.
