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N. NAGARESH
NIBU KASIM C/O M/S POLYNOVA INDUSTRIES – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
N. NAGARESH, J.
1. Petitioners in W.P. (C) No. 23089/2022 are members of registered association of the manufacturers of non-woven bags in Kerala. The petitioner in W.P. (C) No. 24165/2022 is a Proprietor engaged in the production of non-woven bags. The petitioners are before this Court aggrieved by GO (MS) dated 17.12.2019 and GO (MS) dated 27.01.2020 whereby the 2nd respondent has included the non-woven bags in the list of prohibited items.
2. According to the petitioners, non-woven bags are manufactured using food grade granules. Non-woven bag is a food grade item approved by many Government agencies and recognised by the Ministry of Textiles. The petitioners are manufacturing non-woven bags out of Polypropylene and Calcium Carbonate. Polypropylene is a food grade granule and Calcium Carbonate is a natural product and 100% biodegradable under natural process.
3. The petitioners state that the Government as per GO dated 12.12.2018 constituted an Expert Committee to study and report on the usage of plastic in Kerala. The Expert Committee reported that plastic litter alone is the pollution problem. The report mentioned the Polypropylene bags as product proposed to be regulate
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....
Fundamental right to clean environment of public at large- a right relatable to fundamental right to life under Article 21 of Constitution.
The court upheld the imposition of the fine based on the legal provisions and notifications banning the use of plastic material.
The court established that manufacturers must register under the Plastic Waste Management Rules, 2016, to ensure compliance and prevent environmental hazards.
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....
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