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SANJAYA KUMAR MISHRA
Majar Singh – Appellant
Versus
State of Uttarakhand – Respondent
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 an
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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