CHENNAI : Yet another public interest litigation (PIL) petition challenging a Government Order (GO) dated June 25 last, of the State government banning manufacture, sale and use of plastic products from January 1, has been filed in the Madras High Court.
A division bench of Justices M M Sundresh and Krishnan Ramaswamy, before which the petition from the Tamil Nadu Plastics Manufacturers’ Association, came up for hearing on Tuesday, tagged it with the other PILs on the issue and posted for hearing on Friday (December 21). The State is to file its counter by then.
The GO issued by the Environment and Forest (EC.2) department, has imposed total ban on manufacture, storage, supply, sale and use of ‘one time use and throwaway plastics’ such as plastic sheets for food wrapping, dining table spread, plates, tea cups and tumblers, water pouches and packets, straw, carry bags and flags, irrespective of their thickness.
According to the petitioner, the GO violated the doctrine of legitimate expectation and ‘promissory estoppel’ (legal principle that a promise is enforceable by law, even if made without formal consideration). It is liable to be set aside due to ‘non-application of mind’.
It was contrary to Central legislations like Environment (Protection) Act, 1986, Environment (Protection) Rules, 1986, Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016.
Even though the so-called single use items had been in existence for many years, it certainly has not been a menace or an issue either in volume or in quantity. That is why these single use items had never been regarded as threat to the environment or to health, and not considered for Legislation by the Central government.
On the other hand, these items are used by common man to ensure hygiene and quality at affordable prices. The total ban is also in violation of the principles of natural justice.
The government has not taken any step for implementation of Plastic Waste Management Rules, 2016, as per which the urban/local bodies shall be responsible for the development of infrastructure for segregation and collection, etc.
This apart, plastic manufacture is being carried out by the petitioners in conformity with the norms and standards prescribed by the Central legislation and within the parameters of Bureau of Indian Standards. While so, there cannot be any order of total ban.
The State has no legislative competence to pass such order, the association said.