A Division Bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna turned down the plea questioning the provisions of the Plastic Waste (Management & Handling) Rules, 2011, taking note of the pendency of the matter before the Supreme Court.
“We do not think that it will be appropriate and proper for the Delhi High Court to entertain and examine the contentions raised by the petitioner.
“The petitioner is a party to the proceedings before the Supreme Court wherein all issues and contentions including the validity of Plastic Waste (Management & Handling) Rules, 2011 are raised,” the court said.
The petition had challenged certain provisions of the Plastic Waste (Management & Handling) Rules, 2011, and sought permission to use plastic pouches to package tobacco products and pan masala for export purposes.
The Centre, however, opposed the plea, contending that the matter was pending before the apex court.
On December 7, last year, the Supreme Court had restrained manufacturers of gutka, tobacco, pan masala from using plastic material in the sachets. It also asked the Centre to notify the Plastics (Manufacture, Usage and Waste Management) Rules, 2009, within a period of eight weeks and ensure that its direction, banning use of plastic sachet of packaging tobacco products would come into force from March 1.
The Supreme Court on May 11 issued show-cause notice to the DS Ltd, asking it to reply as to why contempt proceedings should not be initiated against the company for allegedly violating its order of December 7, last year.
