Manufacturers say plastic ban outside govt jurisdiction, HC seeks response
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06/11/2012
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Indian Express (New Delhi)
The Delhi High Court on Tuesday sought the Delhi government’s reply on a plea challenging the government’s notification that bans plastic bags.
A Bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw issued notices to the Centre and the Delhi government and sought their replies by November 23 on a plea by the All India Plastic Industries Association (AIPIA) against the October 23 notification. The court also issued notice to city’s civic bodies, Delhi Pollution Control Committee (DPCC), Delhi Cantonment Board and Green Planet Waste Management Pvt Ltd.
The notification, under which no person can manufacture, import, store, sell or transport any kind of plastic bag in the city, will come into force from November 23. According to the notification, several kinds of plastic bags, including those used to cover magazines, books, invitation cards and even garbage bags, will not be allowed. The ban, however, will not affect the use of plastic specified under the Bio-medical Waste (Management and Handling) Rules, 1998.
Appearing for the petitioner, senior advocate Arvind Nigam said the Delhi government has exceeded its jurisdiction in issuing the notification.
“The government exceeded its jurisdiction in issuance of the notification in haste without deciding the question of legal competence and the issue of jurisdiction is pending before the Supreme Court,” he said.
The government had also brushed aside the objections of the petitioners in an arbitrary and unreasonable manner, Nigam said
“The notification banning the manufacturing of plastic bags would jeopardise the livelihoods of lakhs of people directly or indirectly associated with the plastic bags industry, and the business of petitioner and the constituent members shall come to a standstill,” the petition said.