Karnataka HC dismisses challenge to plastic ban

The Karnataka High Court last week dismissed a writ petition filed by as many 134 plastic manufacturers challenging the ban on sale and manufacture of plastic in the state..The state government had issued a notification on March 11 of this year, prohibiting the manufacture, sale, supply and use of a number of plastic products including carry bags, cups and spoons. The direction was issued in exercise of the government’s power under Section 5 of the Environment Protection Act..Senior Advocate Udaya Holla, appearing for the petitioners, argued that the Plastic Waste (Management and Handling) Rules, 2011 only prohibits manufacture of plastic bags less than 50 microns in size. It was contended that since there was such a rule in a central legislation, the state government could not impose a total ban on plastic..Holla also pointed out that the Supreme Court had recently stayed the complete ban on plastic in Himachal Pradesh in an appeal against an order of the Himachal Pradesh High Court..Advocate General Madhusudhan Naik, appearing for the state government, however contended that the petitioners had an alternative remedy under Section 5 of the Environment Protection Act, which was to approach the National Green Tribunal..The bench of Chief Justice SK Mukherjee and Ravi Malimath J. concurred with the Advocate General’s submission and dismissed the petitions, deeming it desirable that the matters be placed before the National Green Tribunal..It will be interesting to see what the NGT holds, if and when the petitioners approach the tribunal..Read the order: