SC rejects plea against Ktka govt's decision to ban plastic

SC rejects plea against Ktka govt's decision to ban plastic

 The Supreme Court has rejected a plea to stay the   implementation of the Karnataka government's decision to ban manufacture, supply, sale and use of plastic carry bags and other products.

A bench of Justices Madan B Lokur and Deepak Gupta refused a plea by Canara Plastics Manufacturers and Traders Association  opposing  the state government's notification of March 11, 2016 imposing ban on manufacture, supply, sale and use of plastic carry bags and other products.

The court, however, admitted the appeal filed by the Association for consideration. It also decided to tag the Association's petition with another civil appeal filed by Karnataka State Plastic Association.

The court had earlier issued notice to the state government on their plea against the National Green Tribunal Chennai's order of January 13. The tribunal had dismissed their petition.

In its appeal, the association contended that the NGT did not appreciate that the act of issuance of direction imposing complete prohibition without conducting any environment impact assessment of probable alternatives   cannot be termed as rational and reasonable.

The Association also maintained the notification issued under Section 5 of the Environment (Protection) Act, 1986 did not empower the state to make the rule imposing ban on manufacture, supply, sale and use of plastic carry bags, banners, buntings, flex, flags, plates, cups, spoons, cling films and sheets.

It also stated when the Government of India has passed central rule 'Plastic Waste (Management and Handling) Rules, 2011' imposing ban of manufacturing and circulation of plastic items of less than 50 microns, there could not be complete ban by the state government under delegated power.

The HC had on March 29, last year dismissed the writ petition filed by the Association after accepting the state government's contention that they should approach the NGT.

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