A division bench of Justices AH Joshi and RC Chavan pronounced the verdict after it found no substance in the challenges raised by the manufacturers.
In a major blow to small-scale plastic bag manufacturers, the Nagpur bench of the Bombay High Court has dismissed a petition filed by Godavari Polymers and Vidarbha Plastic Manufacturers Association challenging the ban on sale and manufacturing of plastic bags below 50 microns thickness.
A division bench of Justices AH Joshi and RC Chavan pronounced the verdict after it found no substance in the challenges raised by the manufacturers.
The petitioners had questioned the legislative competence of Maharashtra Legislature to enact a statute on a Union list subject. The petitioners had also challenged the subsequent rules framed by the state in contravention of rules framed by Central Government. The Recycled Plastics Manufacture and Usage (Amended) Rules 2003 had permitted plastic bags whose thickness was above 20 microns.
The Central rules put no restrictions on the manufacture of carry-bags made out of recycled plastic or on the minimum thickness of carry-bags made for export purposes. However, the state had virtually put an absolute ban on the manufacturing of plastic bags as no unit is capable of producing bags of over 50 microns, the petitioners had claimed.
Instead of regulating disposal of plastic and regulating disposal of non bio-degradable garbage the government imposed a ban on plastic bag manufacturing. The Maharashtra Plastic Carry Bags (Manufacture and Usage) Rules 2006 violate their fundamental right to carry on trade guaranteed under Article 19 (1)(g), the petitioners claimed.
The petitioners have also urged the HC prevent authorities from initiating coercive steps against plastic manufacturers.
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