IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 6 of

2023 =============================================

AMIT MANIBHAI PANCHAL Versus STATE OF GUJARAT & ORS.

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Appearance MR. AMIT M. PANCHAL, LD. ADVOCATE AS PARTY IN PERSON(5000) with MR ANGESH A. PANCHAL for the Applicant(s) No. 1 MS. DEVANGI B. SOLANKI, LD. AMICUS CURIAE MR. KAMAL TRIVEDI, LD. ADVOCATE GENERAL with MR. VINAY BAIRAGRA, ASST. GOVERNMENT PLEADER for the Opponent(s)

No. 1,2,3,4 MR HS MUNSHAW(495) for the Opponent(s) No. 5 SIDDHANT R SHAH(8722) for the Opponent(s) No. 6 MS. MANISHA LAVKUMAR SHAH, LD. SENIOR COUNSEL with SIDDHARTH S RAMI(8342) for the Opponent(s) No. 8,9 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 01/10/2024

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

(1) The issue cropped up in this Public Interest Litigation initially filed with the aim to protect Girnar Eco-Sensitive Zone is about the plastic pollution in Girnar Eco-Sensitive Zone and island of Bet – Dwarka. While dealing with the amended application permitting the petitioner to raise the issue of the plastic waste and garbage lying scattered in the island of Bet – Dwarka, causing damage to Marine lives, by the order dated 03.09.2024, we required the Chief Officer, Okha Nagarpalika, Municipal Commissioner, Junagadh Municipal Corporation and Gujarat Pollution Control Board (GPCB), simultaneously to file their responses about the compliance of the Plastic Waste Management Rules’ 2016 (for short, “the Rules’ 2016”).

(2) We also required GPCB to make an inspection of the facilities created and hired by Junagadh Municipal Corporation considering the response of the Municipal Commissioner, Junagadh Municipal Corporation filed in compliance of our previous order dated 20.08.2024.

(3) On a perusal of the Inspection Report brought on record in the order dated 17.09.2024, it was noted by us that the inspection team found two facilities hired by Junagadh Municipal Corporation namely M/s Sabar Scrap, GIDC – 2, Junagadh and M/S Shree Hari Plastic, GIDC – 2, Junagadh non-compliant for being run without Consent – to – Establish (CTE) and Consolidated Consent and Authorization (CCA), as required for management of plastic waste / recycling under the Rules’ 2016. It was also noted by the inspection team of GPCB that hired facilities were not keeping any record for the work being conducted by it.

(4) The Court has noted in the order dated 17.09.2024 the slackness on the part of the GPCB, this prescribed authority under Rule 12 of the Rules’ 2016 about its role and responsibilities. It was noted that both the Junagadh Municipal Corporation and the Regional Officer, GPCB are in utter defiance of Rules 6, 12 and 13 of the Rules’ 2016 and none of them have discharged their responsibilities to ensure the compliance of the Rules.

(5) We also required the Municipal Commissioner, Junagadh Municipal Corporation to place on record the entire material for establishments of Material Recovery Facilities (MRF) by the Junagadh Municipal Corporation and the contract granted to two private facilities for processing of the plastic waste, including M/s Zero Waste Solution for managing MRF Facilities owned by Junagadh Municipal Corporation. We required the contract papers of all facilities hired by Junagadh Municipal Corporation.

(6) Looking to the fact that the State Monitoring Committee is required to be constituted by the State Government under Rule 16 of the Rules’ 2016, for the purpose of effective monitoring of implementation of the rules, we granted time to the learned Advocate General appearing for the State to bring the response of the State Government in the matter of establishment of the Committee.

(7) Simultaneously, we required GPCB to call for the information from all sites from each of the local bodies in