State law regulating plastic waste management prevails over lower GSM central guidelines; state can enforce stricter environmental regulations.

JUDGMENT :

(per Sri Vipin Sanghi, C.J.)

The present Special Appeal is directed against the order dated 09.12.2022 passed by the learned Single Judge in Writ Petition No. 3142 of 2022 (M/S) preferred by the appellant. The learned Single Judge has dismissed the said writ petition, wherein the appellant had challenged the order dated 26.03.2022 issued by the State Pollution Control Board, imposing a fine of Rs. 5,00,000/- on the appellant, and the recovery citation dated 09.11.2022 issued by respondent no. 5, to effect recovery of the said fine.

2. The case of the appellant was that he is running a small scale industry, which is manufacturing non woven fabric (plastic carry bags). For the manufacture of the said product, the appellant purchases raw material in clippers form, and the thickness of the non woven fabric is 60 GSM. The respondent no. 4 conducted inspection of the premises of the appellant on 26.03.2022, and since the appellant was found to be conducting its business activities in contravention of the Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013, and the order dated 14.10.2021 issued thereunder, fine of Rs.5,00,000/- was imposed by the order dated 26.03.2022.

3. The appellant challenged the imposition of fine on the ground that the non woven fabric manufactured by the appellant being of 60 GSM, its manufacture was permissible under Section 4 (j) of the notification dated 12.08.2021 issued by the Ministry of Environment, Forest & Climate Change. The said notification brought into force the Plastic Waste Management (Amendment) Rules, 2021 w.e.f. the date of publication i.e. 12.08.2021. Post amendment, Rule 4 of Plastic Waste Management Rules, 2016, insofar as, it is relevant, reads as follows:

“(1) The manufacture, importer stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheet and multilayered packaging, shall be subject to the following conditions, namely:-

“(j) non-woven plastic carry bag shall not be less than 60 Gram Per Square Meter (GSM) with effect from the 30th September, 2021.”

4. The case of the appellant was that since the Plastic Waste Management Rules, as amended in 2021, permitted the manufacture of non woven plastic carry bags - of not less than 60 GSM, the complete ban imposed by the State Act i.e. Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013, (The Act of 2013), and the order dated 14.10.2020 issued under Section 3 of the Act of 2013, is illegal. According to the appellant, there is repugnancy in the Environment (Protection) Act, and the Rules framed by the Central Government under that Act on the one hand, and the aforesaid Act of 2013 framed by the State Legislature, and the order dated 14.10.2020 issued thereunder, and, consequently, the Central Legislation and the Rules framed thereunder would prevail, over the State enactment, and the order issued thereunder, as aforesaid.

5. Learned Single Judge has, however, not found favour with the said submission and has dismissed the writ petition. Consequently, this Appeal has been preferred. 6. Section 3 of the Act of 2013 reads as under:-

“3. Restriction or prohibition on use of certain things manufactured from non- biodegradable material. -

(1) The State Government may, by notification, impose restriction or prohibition on the manufacture, sale, purchase, storage, distribution and use of any plastic or other non-biodegradable material within the State of Uttarakhand, which is contrary to the norms as the State Government may, by not