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 of imposing restrictions.

JUDGMENT :

Vipin Sanghi, J.

The present special appeals are directed against the common order dated 19.07.2022 passed by the learned Single Judge in a batch of writ-petitions including Writ-Petition (M/S) No.1026 of 2021, “Gitanshi Polychem Private Ltd. Vs. State of Uttarakhand & Anr.” whereby the learned Single Judge has dismissed all the writ-petitions wherein the writ-petitioners had sought a direction to the respondents to allow them to manufacture, store, carry, transport in order to export their products i.e. disposable utensils of plastic and kitchenware outside the State of Uttarakhand and in the international market where it is allowed to be used.

2. The petitioners also sought the quashing of the Government notification dated 16.02.2021 issued by the State Government in exercise of the powers conferred by Section 3(1) of the Uttarakhand Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013.

3. The learned Single Judge referred to the order passed by us in WPPIL No.93 of 2022 by placing reliance on the impugned notification dated 16.02.2021. The learned Single Judge observed that it is no more in dispute that plastic and polythene both are major threat to the environment and ecological balance. Specially, in Sub-Himalayan region which consists majority of the State of Uttarakhand, the ecology is very delicate which requires proper nursing and proper diligence on the part of the authorities from causing further damage.

4. The submission of the learned counsel for the appellants is that the learned Single Judge has not considered the legal submissions advanced by the petitioner premised on the language of Section 3 of the aforesaid Act (The Act).

5. Mr. Gupta submits that the said Act in Section 3(1) reads as follows:-

“3. Restriction or prohibition on use of certain thing manufactured from non-biodegradable material.-(1) The State Government may, by notification, impose restriction or prohibition on the manufacture, sale, purchase, storage, distribution and use of any plastic or other non-biodegradable material within the State of Uttarakhand, which is contrary to the norms as the State Government may, by notification, specify.”

6. He submits that prior to issuance of the impugned notification dated 16.02.2021 by reference to Section 3(1) of the aforesaid Act, it was necessary for the State Government to lay down the norms by notification so as to, inter alia, impose restrictions on violation in the manufacture, sale, purchase, storage, distribution and use of plastic or other non-biodegradable material within the State of Uttarakhand, which is contrary to such norms. He submits that no norms have been laid down by the State Government and straightway the impugned notification dated 16.02.2021 has been issued.

7. At this stage, we may notice the relevant extracts of the notification dated 16.02.2021

“Whereas, plastics are non-biodegradable and cause threat to the ecological system as they reduce the fertility of soil and thereby hamper the growth of plants, choke drains and sewer resulting in overflowing of gutters and if swallowed by cattle and wild animals, they may cause death by obstructing their intestine;

And whereas, the colour pigments present in the plastic contaminate food products wrapped in them and cause health hazards and some of it even carcinogenic;

And whereas, plastic products take hundreds of years for degradation, as they are not biodegradable, they also block the rain water infiltration into the soil hindering recharge of ground water;

And whereas, the plastic bags when discarded can get filled with rain water offering ideal breeding ground for vector borne diseases like malaria, dengue etc. and burning of plastics also releases carcinogenic and toxic substances like dioxins, furans and hydrogen cyanide, which pollute air as well as cause severe and chronic health problems;

And whereas, plastic waste and micro plastic cause danger to fresh and marine water biodiversity and also h