INDIA
The Bombay High Court announced that it will examine the validity of the Maharashtra government’s directive to different authorities to ban the manufacture, distribution, store or sale of plastic/thermocol items.
The Bombay High Court announced that it will examine the validity of the Maharashtra government’s directive to different authorities to ban the manufacture, distribution, store or sale of plastic/thermocol items.
A division bench of Justice Abhay Oka and Justice P N Deshmukh asked the government to file an affidavit stating its final decision taken, following the public notice issued on January 2.
Advocate R A Salunke, appearing for the government placed on record a draft notification, informing about the ban and said that within a month after the cabinet approval, and after calling for suggestion and objections from the public, the final notification will be issued.
The notice has been challenged by Maharashtra Plastic Manufacturers Association, claiming that its members are in the business of manufacturing, storage, distribution and sale of plastic materials and plastic items. They carry out their business by obtaining necessary licenses from the local authorities. The state does not have any authority and jurisdiction to direct the different authorities established under different acts and regulations to include certain conditions. Further the action proposed is arbitrary in nature. The order is passed without following principles of natural justice.
The petition prays for setting aside the public notice and order, proposing to ban plastic in the state. Environment minister Ramdas Kadam has earlier spoken about banning plastic bags from Gudi Padwa (March 2018) considering its environmental impact, while Chief Minister Devendra Fadnavis has promised a complete ban on plastic in six months with alternatives being put in place.
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