Manufacturers challenge Maharashtra government’s plastic ban in HC
The Maharashtra Plastic Manufacturers Association (MPMA) has filed a writ petition in the Bombay high court, terming the ban illegal and seeking its quashing.mumbai Updated: Mar 30, 2018 23:22 IST
The plastic ban order of the Maharashtra government is likely to get entangled in legal issues.
The Maharashtra Plastic Manufacturers Association (MPMA) has filed a writ petition in the Bombay high court, terming the ban illegal and seeking its quashing. The association has also sought an interim stay on the ban until the matter is disposed of by the court.
The high court is expected to hear the petition on April 4. Ravi Jashnani, president, MPMA, confirmed they have filed a petition in the high court. Anticipating this, the state had filed a caveat in the high court on March 26.
This is the second writ petition filed by the association within a month. The first one was filed on February 7, against the public notice issued by the state environment department intending to impose the ban.
The state issued the Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, Transport, Handling and Storage) Notification on March 23, banning manufacturing, use, storage, distribution, wholesale, retail sale, import and transportation of all kinds of plastic bags (with or without handle), single-use disposable items made of plastic and thermocol — dish, cups, plates, glasses, fork, bowls, forks, spoons, straw, containers, non-woven polypropylene bags, pouches to store liquid, plastic to wrap or store products and packaging of food items and small PET and PETE bottles having carrying capacity of less than half litre. It has also banned plastic and thermocol items used for decoration.
In the fresh petition, the MPMA argued the ban on manufacturing of plastic products violates Article 19 (1)(G) of the Constitution of India which provides fundamental rights to practise any profession or carry out any occupation, trade or business to the citizens. It further violates Article 14 of the Constitution of Indian that requires consultation with all stakeholders before passing any law as the government has not consulted manufacturers before issuing the prohibitory orders, the petition stated.
It also refers to the first petition filed by MPMA, responding to which the state government, in its affidavit, had stated the notification for plastic ban will be issued only after inviting suggestions and objections from public, however, which was not done while issuing ban notification.
The petitioners claimed the government has no powers to ban manufacturing, transport, distribution, wholesale and retail sale and storage of plastic items as section 4(1) of the Maharashtra Non-Biodegradable Garbage Control Act, 2006 restricts prohibition only on the end-user. It means prohibitory orders can be issued only for consumer.