SC upholds polythene ban in J&K, dismisses traders' plea
The Supreme Court on Friday upheld Jammu and Kashmir government's decision to impose a complete ban on the entry, use and sale of polythene bags in the state.delhi Updated: Aug 07, 2009 21:14 IST
The Supreme Court on Friday upheld Jammu and Kashmir government's decision to impose a complete ban on the entry, use and sale of polythene bags in the state.
A bench headed Chief Justice KG Balakrishnan, while dismissing the J&K Polythene Manufacturers and Traders Association's plea opposing blanket ban, said the notification in this regard had been issued by the state government and the traders should approach the J&K High Court.
However, another similar petition from the state is already pending before the apex court.
Opposing blanket ban on use of polythene, the Association's counsel A K Sawhney said such a step was against law.
He sought the apex court's direction to declare the notification issued on May 11 this year in this regard as ultra vires of the Constution as it allegedly infringed the fundamental rights of the around 50 members of the traders' body.
The petition said if the ban was to be imposed, the government should have given some reasonable time to SSI units to wind up the business and settle their dues and dispose of the material within a cut-off date.
The High Court had ordered banning polyethene carry bags, particularly of less than 20 microns, and directed the state authorities to convene a meeting of departmental heads concerned and evolve a mechanism to enforce the ban.