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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sanjaya Kumar Mishra, J.
Majar Singh - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (MS) No. 3001 of 2022
Decided On : 08-12-2022
Certiorari - Manufacturing of Non Woven Fabric - The court upheld the imposition of a fine on the petitioner for manufacturing non woven fabric bags in violation of the ban on plastic material, as per the relevant legal provisions and notifications.
Fact of the Case:
The petitioner, engaged in manufacturing non woven fabric bags, was fined for violating the ban on plastic material imposed by the government.
Finding of the Court:
The court found that the imposition of the fine was legal and upheld the decision of respondent no. 3.
Issues: Violation of ban on plastic material, imposition of fine by respondent no. 3.
Ratio Decidendi: The court relied on the relevant legal provisions and notifications, including the Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013 and the government notification imposing a ban on the use of plastic material.
Final Decision: The writ petition was dismissed, and the imposition of the fine on the petitioner was upheld.
JUDGMENT
Sanjaya Kumar Mishra, J. - By filing this writ petition, the petitioner, who is engaged in manufacturing of packaging of non woven fabric, has prayed for the following relief:
'i. Issue a writ of Certiorari quashing the impugned order dated 07.09.2022 passed by respondent no. 3 (contained as Annexure No. 1 to the writ petition).'
2. The facts of the case are that petitioner is running a small scale industry, which is manufacturing of non woven fabric (plastic carry bags). For the purpose of manufacturing the same, he purchased raw material in clippers form and the thickness of the non woven fabric (plastic carry bags) is 60 GSM, which is within the permissible limit, prescribed under Section 4 (j) of the Notification dated 12.08.2021 issued by the Ministry of Environment, Forest and Climate Change.
3. On 07.09.2022, respondent no. 3, after inspecting the premises of the petitioner issued impugned order by imposing a fine of Rs. 5,00,000/- on the petitioner for storing and manufacturing of non woven fabric bags in his manufacturing plant being run in the name and style of Dashmesh Enterprises, Pirumadhara Ram Nagar, District Nainital.
4. Learned Standing Counsel for the State and Shri Aditya Pratap Singh, learned Counsel for the Uttarakhand Pollution Control Board draw attention of this Court to sub section (1) of Section 3 of the Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013 provides that State Government has power to impose restriction and prohibition on the use of plastic.
5. It is borne out from the record that the as per the Notification issued by the Government of Uttarakhand Environment, Conservation and Climate Change Section dated 16.02.2021, polythene carry bag of any shape (with or without handle), thickness, size and colour and non woven poly propylene bags shall not be used any person by himself or through another. In other words, there is complete ban on sale, trade, manufacture, import, store, carry, transport, use, supply and distribution of such plastic material.
6. In that view of the matter, this Court is opinion that there is no illegality in the impugned order passed by respondent no. 3 in imposing a fine on the petitioner. Accordingly, the writ petition fails and is hereby dismissed.
AI
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....
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.
Industrial units must obtain necessary pollution-related clearances to operate, and environmental protection laws are backed by the courts.
The absence of evidence for contravention of essential commodity regulations leads to quashing of enforcement actions, reaffirming protection against wrongful allegations.
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