TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURERS ASSOCIATION vs THE STATE OF TAMIL NADU

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(SC) 9858

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TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURERS ASSOCIATION – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent

Advocates:
A. LAKSHMINARAYANAN

Table of Content
1. government order bans specific plastics. (Para 2 , 3 , 4)
2. contentions of appellants against the ban. (Para 5 , 6 , 7 , 8)
3. arguments on recyclability and ecological impact. (Para 9 , 13 , 15)
4. non-woven bags debated as eco-friendly alternatives. (Para 19 , 20 , 21 , 22)

JUDGEMENT

S. RAVINDRA BHAT, J. 1. These appeals were heard finally, with the consent of the parties. The appellants are aggrieved by a common judgment1 of the Madras High Court, by which their writ petitions challenging a government order2 banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’, was dismissed. The appellants before this court are an association representing manufacturing units involved in the manufacture of ‘reinforced’ paper cups, and a manufacturer of non-woven plastic bags, respectively.

Facts 2. The Environment and Forest Department of the Government of Tamil Nadu issued the Government Order in question, in exercise of its power under Section 5 of the Environment Protection Act, 1986 (‘EPA’) on 25.06.2018 and it was to take 1 Judgment dated 11.07.2019 in WP No. 3984/2019. 2

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