Times of India

 

No stay on plastic ban, HC promises quick verdict

Nov 24, 2012,

NEW DELHI: The Delhi high court on Friday refused to stay the Delhi government's notification imposing a blanket ban on plastic bags in the capital.

A division bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw declined to entertain a submission on behalf of a plastic manufactures' association to stay the ban, but promised the petitioner it will dispose of the matter soon. The case will now come up for hearing on November 27.

HC was hearing the All India Plastic Industries Association's (AIPIA) plea against the government's notification imposing a blanket ban on the usage of plastic bags from November 23. It asked the court to "declare impugned the notification dated October 23, 2012, null and void being ultra vires to the Parent Act, i.e. Environment Protection Act, 1968, and rules framed thereunder". The petitioners contended that the notification also violated their fundamental rights.

They had earlier told the court that the government exceeded its jurisdiction while issuing the notification as only the central government is authorized to do it. The plea said the government acted in "haste without deciding the question of legal competence" while issuing the notification. It claimed the issue of jurisdiction is pending before the Supreme Court.

"The Delhi government in a fanatic pursuit to endorse its pre-determined agenda of completely closing down the plastic bags industry in arbitrary and unreasonable manner, brushed aside the objections of the petitioners," the manufacturers said.

The petition further argued, "The notification, banning the manufacturing of plastic bags would jeopardize livelihoods of lakhs of people directly and indirectly associated with the plastic bags industry and the business of petitioner and constituent members shall come to a standstill."

According to the notification, no person can manufacture, import, store, sell or transport any kind of plastic bag in the city. With the ban coming into effect from Friday, all kinds of plastic bags, even those used to cover magazines, books or invitation cards, will not be allowed. The notification bars even garbage bags from being used. The ban, however, will not affect the use of plastic specified under the Bio-medical Waste (Management and Handling) Rules, 1998. Plastic used to pack food products such as milk, flour bags and plastic cups largely used by tea vendors will be allowed.