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S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
Tamil Nadu And Puducherry Paper Cup Manufactures Association – Appellant
Versus
State Of Tamil Nadu – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
1. These appeals were heard finally, with the consent of the parties. The appellants are aggrieved by a common judgment1[Judgment dated 11.07.2019 in WP No. 3984/2019.] of the Madras High Court, by which their writ petitions challenging a government order2[G.O.Ms No. 84 dated 25.06.2018 w.e.f. 01.01.2019 (hereafter referred to as ‘Government Order’).] banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’, was dismissed. The appellants before this court are an association representing manufacturing units involved in the manufacture of ‘reinforced’ paper cups, and a manufacturer of non-woven plastic bags, respectively.
Facts
2. The Environment and Forest Department of the Government of Tamil Nadu issued the Government Order in question, in exercise of its power under Section 5 of the Environment Protection Act, 1986 (‘EPA’) on 25.06.2018 and it was to take effect from 01.01.2019. The Government Order included directions, banning manufacture, storage, supply, transport, sale, distribution, or use of “use and throwaway plastics” – which as per Explanation 2, included plastic carry bags, plastic
Fundamental right to clean environment of public at large- a right relatable to fundamental right to life under Article 21 of Constitution.
Important points:Detection of sufficiently large number of cases of fake composite carry bags entering the markets in the State, as would render it practically impossible for the State to prevent tra....
The court upheld the imposition of the fine based on the legal provisions and notifications banning the use of plastic material.
The impugned notification imposing restrictions on the use of plastic and non-biodegradable materials was upheld by the court, emphasizing the environmental threats posed by plastic and the necessity....
The court established that manufacturers must register under the Plastic Waste Management Rules, 2016, to ensure compliance and prevent environmental hazards.
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