Court bats for total ban on plastics
Sureshkumar.K@timesgroup.com 28.12.2018
The eleventh hour attempt of plastic manufacturers to get the government’s ban on plastic boomeranged on Thursday, when Madras high court not only declined to stay the ban, but also sought ban on ‘plastic of any kind’.
Plastic ban is set to come into effect in Tamil Nadu from January 1, 2019.
On Thursday, a vacation bench of Justice S Vaidyanathan and Justice P T Asha rejected the Tamil Nadu Plastics Manufacturer's Association’s plea for stay on the government order.
"The government shall in the long run consider phasing out of plastic of any kind, including the plastic that have been referred to in the exempted provision of the government order," the judges said.
The primary contention of the petitioner was that the government lacked jurisdiction as the Environment Protection Act authorised only the Centre to exercise such powers. "The state has exceeded its jurisdiction by passing the order in the field occupied by the central legislation conferring powers to the Centre," G Shankaran, counsel representing the association, said.
This apart, manufacturing plastic 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 (BIS).
Opposing the plea, additional advocate general P H Arvind Pandian submitted that the state has powers to pass such prohibition. He further pointed out that states like Andhra Pradesh and Madhya Pradesh have passed similar orders which were rightly upheld by the respective high courts.
Sureshkumar.K@timesgroup.com 28.12.2018
The eleventh hour attempt of plastic manufacturers to get the government’s ban on plastic boomeranged on Thursday, when Madras high court not only declined to stay the ban, but also sought ban on ‘plastic of any kind’.
Plastic ban is set to come into effect in Tamil Nadu from January 1, 2019.
On Thursday, a vacation bench of Justice S Vaidyanathan and Justice P T Asha rejected the Tamil Nadu Plastics Manufacturer's Association’s plea for stay on the government order.
"The government shall in the long run consider phasing out of plastic of any kind, including the plastic that have been referred to in the exempted provision of the government order," the judges said.
The primary contention of the petitioner was that the government lacked jurisdiction as the Environment Protection Act authorised only the Centre to exercise such powers. "The state has exceeded its jurisdiction by passing the order in the field occupied by the central legislation conferring powers to the Centre," G Shankaran, counsel representing the association, said.
This apart, manufacturing plastic 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 (BIS).
Opposing the plea, additional advocate general P H Arvind Pandian submitted that the state has powers to pass such prohibition. He further pointed out that states like Andhra Pradesh and Madhya Pradesh have passed similar orders which were rightly upheld by the respective high courts.
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