The National Green Tribunal Act, 2010 provides an alternative and efficacious remedy for challenging notifications issued under Section 5 of the Environment (Protection) Act, 1986.

JUDGMENT

1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner-Association seeking following relief(s):-

(i) Issue rule NISI

(ii) Issue rule calling upon the respondents and/or each of them to show cause as to why a writ in the nature of certiorari quashing, cancelling, setting aside the impugned Notification No. 179 dated 03/04.07.2013 and the subsequent notification published in the newspaper dated 02.10.2013 shall not be issued being contrary to the provisions of Environment Protection Act, 1986 and the subsequent Rules framed thereunder.

(iii) Issue rule calling upon the respondents and/or each of them to show cause as to why as writ in the nature of prohibition shall not be issued prohibiting the respondent authorities not to act in furtherance of the impugned Notification No. 179 dated 03/04.07.2013 and the subsequent notification published in the newspaper dated 02.10.2013.

(iv) Issue rule calling upon the respondent No. 1 to show cause as to why a writ in the nature of mandamus shall not be issued mandating, directing the respondent authority to ensure enforcement and implementation of Municipal Solid Waste (Management and Handling) Rules 2000, and Plastic Waste (management and Handling) Rules 2011 framed under the Environment Protection Act, 1986 in letter and spirit for efficient management and handling of Municipal Solid Waste.

(v) Issue rule calling upon the respondents and/or each of them to show cause as to why any other writ/writs, order/orders, direction/directions shall not be issued to give complete and full relief to the petitioners.

(vi) Pass an order as to cost and compensation.

Impugned Notification(s) challenged herein is annexed as Annexure P-2 to the writ petition. Since the bone of contention of the petitioner-Association is the impugned Notification, for ready reference, and, for fair appreciation, it is reproduced as under:-

GOVERNMENT OF TRIPURA

DEPTT. OF SCIENCE, TECHNOLOGY & ENVIRONMENT

VIGYAN, PRAJUKTI O PARIVESH BHAWAN

GORKHABASTI: AGARTALA

TRIPURA - 799006

No.F.8(30)/DSTE/ENV/Pt-I/3794-3811 Dated 03/07/2013

NOTIFICATION

Whereas, Article 48A of the Constitution of India, inter-alia envisages that the State shall endeavour to protect the environment.

AND

Whereas, the Government of Tripura after considering the adverse effects of plastic carry bags on the environment and local ecology felt that plastic carry bags are littered about irresponsibly and have detrimental affect on the environment.

AND

Whereas, it is observed that the plastic carry bags also cause blockage of gutters, sewerage system and drains thereby resulting in unhygienic environmental and public health related problems.

AND

Whereas, it is observed that plastic carry bags are non-biodegradable and after hundreds of years breaks to toxic plastic particles polluting soil; produces toxic gases and ash on it's burning.

AND

Whereas, it is observed that the plastic carry bags cause aquatic and terrestrial animals die by its ingest, it's litters arrest the recharging ground water aquifers; harmful chemicals and colours of plastic contaminates soil and water; plastic carry bags chokes the living organisms of the soil etc causes harmful effects on the environment.

AND

Whereas, the plastic carry bags adversely affects on percolation of water to ground levels, hamper the quality of soil layer, effect the growth of roots & plants and creature etc which causes long term bad effect on ecology & environment.

Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), and also the powers conferred to this State vide Notification No. S.O. 479(E) dated the 25th July, 1991 under Section 23 of the Environment (Protection) Rules, 1986, the Government of Tripura issues this Notification to impose a complete ban on the manufacture, import, storing, transport, sale and use of plastic carry bag(s) in the whole state where the ban shall be given effect after a period of