TN plastic ban: Madras HC refuses to stay GO, bats for total prohibition
TNN | Dec 27, 2018, 03.33 PM IST
CHENNAI: With only four days left for the plastic ban to come into effect in Tamil Nadu, the Madras high court on Thursday refused to stall the operation of the prohibition.
Instead, a vacation bench of Justice S Vaidyanathan and Justice P T Asha wanted the government to extend the ban to all kind of plastics.
"The government shall in the long run consider phasing out of plastic of any kind in the market, including the plastic that have been referred to in the exempted provision of the government order," the court said while refusing to allow a plea moved by the Tamil Nadu Plastics Manufacturer's Association.
The primary contention of the petitioner was that the state government lacks jurisdiction as the Environment Protection Act authorises 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. Therefore, on the face of it, the GO is liable to be quashed for want of jurisdiction and authority," senior counsel G Shankaran said representing the association.
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). While so, there cannot be any order of total ban to manufacture of plastics in the state in supersession of central legislation. The state has no legislative competence to pass such order, the association said.
Besides this, the petitioner alleged discrimination as the ban prohibits only throwaway plastics used at retail while permitting manufacturers to use plastic bags and packages at manufacturing level.
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.
TNN | Dec 27, 2018, 03.33 PM IST
CHENNAI: With only four days left for the plastic ban to come into effect in Tamil Nadu, the Madras high court on Thursday refused to stall the operation of the prohibition.
Instead, a vacation bench of Justice S Vaidyanathan and Justice P T Asha wanted the government to extend the ban to all kind of plastics.
"The government shall in the long run consider phasing out of plastic of any kind in the market, including the plastic that have been referred to in the exempted provision of the government order," the court said while refusing to allow a plea moved by the Tamil Nadu Plastics Manufacturer's Association.
The primary contention of the petitioner was that the state government lacks jurisdiction as the Environment Protection Act authorises 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. Therefore, on the face of it, the GO is liable to be quashed for want of jurisdiction and authority," senior counsel G Shankaran said representing the association.
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). While so, there cannot be any order of total ban to manufacture of plastics in the state in supersession of central legislation. The state has no legislative competence to pass such order, the association said.
Besides this, the petitioner alleged discrimination as the ban prohibits only throwaway plastics used at retail while permitting manufacturers to use plastic bags and packages at manufacturing level.
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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