Hemant Gupta, CJ.

The present sets of writ petitions involve common questions of law, therefore, they were heard analogously and are being decided by this common order. However, for the sake of convenience the facts are taken from W.P. No.8182/2017 (M/s Popular Plastic & others v. State of M.P. and others).

2. The challenge in the present petition is to the Notification dated 24.05.2017 (Annexure P-3) issued by the State Government prohibiting the manufacturing, storage, transportation, sale and use of the plastic carry bags in the entire State. By virtue of an amendment in the writ petition, the petitioners have sought the relief to hold that the amendment to Section 3 of Madhya Pradesh Jaiv Anaashya Apashistha (Niyantran) Adhiniyam, 2004 (for short “the State Act”) by Ordinance No.1 of 2017 with effect from 22.05.2017 since replaced by the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhiniyam, 2017 (M.P. Act No.26 of 2017) published on 26.08.2017 is beyond the legislative competence of State Government in view of Rule 4 (c) and (d) of the Plastic Wastes Management Rules, 2016 (for short “the Central Rules”) insofar as the power to prescribe and notify the thickness of plastic carry bags or containers is concerned, therefore, the State Law would give way to the subjects covered by the Central Rules.

3. The challenge is on the ground that the State Amendment is repugnant to the Central Rules published on 18.03.2016, which permits carry bags made of virgin or recycled plastic of not less than 50 microns in thickness as against the total prohibition of carry bags in the State.

4. Before the arguments of the learned counsel for the parties are discussed, the legislative history would be appropriate to be recapitulated.

5. The Environment (Protection) Act, 1986 (for short “the Central Act”) was enacted for protection and improvement of human environment and for matters connected therewith, to give effect to the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972. Such Act is enacted by the Parliament in terms of Entry 97 of List-I of Seventh Schedule. In terms of Section 25 read with Section 3 of the Central Act, the Central Government initially framed Rules for manufacture and use of recycled plastic carry bags and plastic containers known as the Recycled Plastics Manufacture and Usage Rules, 1999 (for short “the Rules of 1999”). The Rule 4 of such Rules of 1999 prohibited usage of plastic carry bags and plastic containers made of recycled plastics. It provided that no vendor shall use plastic carry bags and plastic containers made of recycled plastics for storing, carrying, dispensing or packaging of food-stuffs. The Rule 5 of the said Rules permitted the manufacturing of plastic carry bags and plastic containers made of virgin plastics.

6. Such Rules of 1999 were amended vide Notification published in Gazette of India (Extraordinary) on 17.06.2003. By such amendment, carry bags and containers were separately defined. Rule 3(b) defined “carry bags” to mean plastic bags which have a self-carrying feature whereas Rule 3(d) defines “containers” to mean flexible or rigid containers made of virgin plastics or recycled plastics with or without lid used to store, carry or dispense commodities.

7. The Rules of 1999 were replaced by Plastic Waste (Management and Handling) (Amendment) Rules, 2011 (for short “the Rules of 2011”) vide Notification published in Gazette of India (Extraordinary) on 02.07.2011. Such Rules also prohibited manufacturing and use of recycled plastic bags for packaging and handling of food-stuffs. The plastic containers were permitted to be manufactured out of virgin plastics for the purposes of packaging. The “carry bags” were defined to mean bags which are used for carrying articles but excluding those bags which are used for sealing manufactured articles.

8. It is the said Rules of 2011, which were reviewed by the Central Government and subst