GAHC010059932022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2342/2022

1.M/S N E PLAST CO. AND 7 ORS A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT IIT ROAD, JAYGURU, SILAMAHEKHAITI, NEAR N.H.-31, AMINGAON, DIST-

KAMRUP, ASSAM, PIN-781031, REPRESENTED BY ONE OF ITS PARTNERS, SRI ROSHAN SURANA, S/O LATE PRITHWIRAJ SURANA, AGED ABOUT-49 YEARS

2: M/S JAI PLASTECH PVT. LTD.

A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT UMTRU POWER HOUSE ROAD RAJABAGAN BYRNIHAT-793101 DIST- RI-BHOI MEGHALAYA REPRESENTED BY ONE OF ITS DIRECTORS SRI SANDEEP AGARWAL S/O SANTOSH KUMAR AGARWAL AGED ABOUT-43 YEARS

3: M/S SHREE GANAPATI UDYOG A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT INDUSTRIAL ESTATE P.IO.-BORGURI TINSUKIA DIST-TINSUKIA ASSAM PIN-786126 REPRESENTED BY ONE OF ITS PARTNERS SRI ASHISH MODI S/O SRI MANGAL CHAND AGARWAL AGED ABOUT-38 YEARS

4: M/S SHREE VINAYAK POLYPACK INDUSTRIES A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT WARD NO. 1 PARLY CHOWK PALASBARI DIST-KAMRUP ASSAM PIN-781128 REPRESENTED BY ONE OF ITS PARTNERS SRI VIJAY KUMAR SINGHI S/O LATE BINOD KUMAR SINGHI AGED ABOUT-40 YEARS

5: ARUN BORPATRA GOHAIN S/O GULAP BORPATRA GOHAIN PROPRIETOR OF M/S SHIV POLYMER INDUSTRIES HAVING ITS PRINCIPAL PLACE OF BUSINESS AT KARAIKHOWA MOHABANDHA JORHAT ASSAM PIN-785006

6: M/S G.D. PLAST A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT

7TH MILE MODEL VILLAGE OPPOSITE DIMUL FACTORY DIMAPUR NAGALAND PIN-797103 REPRESENTED BY ONE OF ITS PARTNERS SRI RIKSHIT JAIN S/O LATE MAHABIR PRASAD JAIN AGED ABOUT 39 YEARS

7: SANDEEP RATHI S/O SRI GANESH MAL RATHI PROPRIETOR OF M/S KRISHNA FOOD PRODUCTS HAVING HIS PRINCIPAL PLACE OF BUSINESS AT AIIDC JAMBARI SEC-II CHAYGAON DIST-KAMRUP ASSAM PIN-781141

8: M/S R.K. DISPO PRODUCTS A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT VILL-KAMALPUR MOUZA-PUB PAR P.O.-BAIHATA DIST-KAMRUP ASSAM PIN-781380 REPRESENTED BY ONE OF ITS PARTNERS SRI UDAY KUNDU S/O LATE SUSHIL KUMAR KUNDU AGED ABOUT 68 YEAR VERSUS

1.THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, GOVERNMENT OF INDIA, NEW DELHI-110001

2:SECRETARY TO THE MINISTRY OF ENVIRONMENT FORETS AND CLIMATE CHANGE GOVERNMENT OF INDIA NEW DELHI-110001

3:THE POLLUTION CONTROL BOARD ASSAM BAMUNIMAIDAM GUWAHATI ASSAM DIST-KAMRUP(M)

ASSAM PIN-781021

4:MEGHALAYA STATE POLLUTION CONTROL BOARD ARDEN LUMPYNGNGAD SHILLONG PIN-793014

5:NAGALAND POLLUTION CONTROL BOARD SIGNAI POINT DIMAPUR NAGALAND PIN-79711 For the Petitioner(s) : Mr. O.P. Bhati, Advocate.

: Mr. P. Sarma, Advocate.

For the Respondent(s) : Mr. R.K.D. Choudhury, Deputy Solicitor General of India.

B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

22.01.2026 (Ashutosh Kumar, CJ)

We have heard Mr. O.P. Bhati, learned Advocate for the petitioners and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for Union of India.

2. This writ petition has been filed by 8(eight) manufacturers of disposable plastic items, such as plates, cups, glasses, cutlery, straw, trays and similar single use of plastic products.

They claim to have established their industrial units after complying with the State Industrial Policies of obtaining incentives, tax exemptions and necessary permissions from the State Pollution Control Boards.

3. The challenge in this petition is made to Rule 4(2)(b) of the Plastic Waste Management Rules, 2016 (as amended) [hereinafter to be referred as the ‘Rules of 2016’], notified by the Ministry of Environment, Forests and Climate Change on 12.08.2021.

This Rule prohibits the manufacture, import, stocking, distribution, sale and use of specific single use of plastic commodities, including plates, cups, glasses, cutleries, trays, etc.

4. The contention of the petitioners is that this absolute ban is arbitrary and discriminatory, as their products are recyclable; which